FREEMAN CENTER FOR STRATEGIC STUDIES

P.O. Box 35709-395 * Houston, Texas 77235-5709

Phone or Fax: 713-723-6016 * E-mail: bernards@sbcglobal.net



November 15, 1996



The Honorable Benjamin Netanyahu

Prime Minister of Israel

Prime Minister's Office

Jerusalem, ISRAEL

Dear Mr. Prime Minister:

As lifelong supporters and friends of Israel, we urge you to reconsider the redeployment from Hebron as well as the implementation of the Oslo Agreement.

When you spoke before both houses of the United States Congress, you stated that you would demand reciprocity on the part of the Palestinians before proceeding with the implementation of Oslo. As your memo of October 24, 1996 entitled "LIST OF MAJOR PLO VIOLATIONS" clearly enunciates, there has been no PLO compliance. This failure of the PLO clearly gives you ample recourse. Many legal scholars such as Professor Louis Rene Beres (International Law, Department of Political Science, Purdue University) have proven that Oslo has no standing in international law. I quote from his article: TERMINATING OSLO I AND II: AN OBLIGATION UNDER INTERNATIONAL LAW: An informed brief for permissible abrogation by the State of Israel:

"It is generally believed that the Oslo Accords between Israel and the PLO are fully binding under international law. Exactly the opposite is true. Because these non-treaty agreements run counter to absolutely incontrovertible legal expectations, Israel is now obligated to terminate the agreement../..../..../...The Oslo Agreements do not constitute treaties because they link a state with a nonstate party. In and of itself, this incontestable fact, drawn from the Vienna Convention on the Law of Treaties, certainly does not call for termination. But because the nonstate party in this case happens to be a terrorist organization whose leaders must be punished for egregious crimes, any agreement with this party that offers rewards rather than punishment is entirely null and void. Indeed, in view of the peremptory expectation known in law as Nullum crimen sine poena, "No crime without a punishment," the state party in such an agreement - in this case the State of Israel -violates international law by honoring the agreement."

There is therefore, no legal or moral reason for you to implement an agreement that is so destructive to the interests of the State of Israel.

It is true that you also have proclaimed Oslo to be a devastatingly bad agreement for Israel. Unfortunately you have been misinformed as to your obligations to implement what you agree is a bad agreement. As Prime Minister, your obligation is to the People of Israel and not to a terrible agreement between a previous government and a known terrorist. We would also like to remind you of the brilliant words of Karl Von Clausewitz, who said (Von Krigge 1833): " War is not merely a political act, but also a political instrument, a continuation of political relations, a carrying out of the same by other means." Any analyst who has studied carefully the behavior of the Palestinian Authority since the Oslo signing in 1993 would conclude the following: The Palestinians are using the Peace Process as another means to achieve the victory over Israel which they were unable to achieve in direct confrontation or war. This is exactly what Clausewitz understood so well in the 19th century and many Israelis fail to understand today.

The Left will never support you and the Nationalist Camp will never forgive you for betraying your campaign promises. Should you follow the foolish course of your predecessors, you will certainly fail to protect the security and well being of Israel. And thus, history will record you as the man who brought about the fall of the Third Temple.

We emphatically urge you to marshal the strength of character that runs in your heroic family, and say NO to those who would dismember Eretz Yisrael. And then you should not only save Hebron, but begin a major building program that would bring 50,000 Jews to live in the Hebron-Kiryat Arba metropolitan area.

With Love of Israel and Faith in Hashem.

Respectfully Yours,

Bernard J. Shapiro

Bernard J. Shapiro, Executive Director

Freeman Center For Strategic Studies

Co-Signers:

Richard H. Rolnick, MD, Chairman of the Board

Freeman Center For Strategic Studies

Louis Lechenger, Board Member

Freeman Centerr For Strategic Studies

Zvi Kalisky, MD, Advisory Committee

Ira Kahn, Advisory Committee

Morris A. Wilk, Advisory Committee