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.
