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NEWS
Attorney General says Gov't Should not Negotiate or Make Important Agreements
by Yated Ne'eman Staff

Attorney General Elyakim Rubinstein, in a sharp letter to Prime Minister Barak, warned the government in general, and the prime minister in particular, against conducting negotiations with the Palestinians and concluding an agreement with them at this time when it might appear as if it is done because of the imminent prime ministerial elections.

"Formally, according to the language of the law, there are no limits on the prime minister and the government during the election period," Rubinstein wrote.

However, "the authority of the government in such a period is such as to prevent a vacuum of authority, but no dramatic, fateful earthshaking initiatives can be undertaken, unless there is no alternative, such as directing the Israel Defense Forces (IDF) and defense in war."

Even if "heavenly angels" were conducting negotiations, Rubinstein wrote, "it is doubtful that, in the period of this election, considerations related to the period would not be mixed in. All the more so," he continued, "when speaking of a minority government with a prime minister who has resigned." He compared it to making appointments to government positions in the period before elections, which is generally not done because of the appearance of impropriety.

This opinion was laid before the members of the government a week ago at the cabinet meeting of December 26. However, despite this clear opinion, government ministers continued to issue statements as if the Attorney General had not ruled out negotiations with the Palestinians. In view of the situation and the distorted presentation of his opinion, Rubinstein decided, after notifying Barak, to release part of his statement to the press.

Rubinstein ruled that he had already expressed his opinion on the necessity to refrain from appointments, the appearance of which would be liable to arouse misgivings that they had been made from inadmissible motives.

All the more, then, he ruled, "It could therefore be said that negotiations, let alone an agreement, on the Palestinian issue on the eve of elections must be such as not to arouse misgivings, if only as a matter of appearances, that they were conducted out of considerations of timing."

Rubinstein ruled that the government in such a transitional period is "the public trustee, the trustee of the entire nation. As such, it should consider carefully before taking weighty, divisive decisions, made in the twilight hours, regardless of the question of whether or not this government will be reformed after the elections."

Rubinstein also questioned both the willingness and ability of the Palestinians to implement and honor the prospective agreement.

"Our experience in the judicial system in legal relations with the Palestinian Authority finds an absence of any real desire to establish a real judicial system in general, or legal relations with us in particular," Rubinstein wrote. He added that the Palestinian implementation of agreements in a variety of spheres was "very partial," and in others "completely absent."

The last few months, Rubinstein wrote, have created new doubts over the PA's willingness and capability to implement agreements. "Peace is made, according to the well-known saying, with enemies -- but with an enemy whom you are convinced wants peace. Can we be convinced of this?" he asked.

Rubinstein wrote that he is aware of the risks of the lack of an agreement to Israel's relations with Egypt and Jordan, as well as with the rest of the Arab world. But, he said, "there are also risks if an agreement is reached that will not be implemented."

Regarding the concessions that the U.S. proposals call for on the Temple Mount, Rubinstein reminded the prime minister that he has a responsibility to future generations. He also said he is skeptical that the Palestinians would recognize any Jewish claim to the Mount, or that they would honor an agreement not to damage Jewish archaeological remains on the site.

Rubinstein also reminded Barak that two recent additions to the law place special restraints on the government: The Basic Law on Jerusalem prohibits the transfer of authority for parts of the city to any foreign body unless the decision is weighted in another basic law, passed by a majority of MKs. In addition, there was an amendment to the Government and Law Arrangements Act that any concession of land under Israeli sovereignty must be approved by 61 MKs and a referendum. At the moment there is no law to define a referendum.

Justice Minister Yossi Beilin rejected Rubinstein's opinion, and said it would be "irresponsible and immoral to halt negotiations because of elections when there is an opportunity to stop the violence and bring peace."

On Tuesday morning, prime minister Barak replied very sharply to the letter of the Attorney General, accusing him of being influenced by right-wing political views.

 

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