The HyperTexts
A Proposal for Peace through Justice in Israel & Palestine:
The Burch-Elberry Peace Initiative
The Burch-Elberry Peace Initiative is also known as the Fair Courts Resolution (FCR). 
It is important to note that this initiative is compatible with a one-state 
solution, a two-state solution, a bi-national state, a confederacy, or an 
EU-style union with open, customs-free borders.
by  Michael R. Burch, 
an editor, publisher and translator of Holocaust and Nakba poetry
Is the conflict between Israelis and Palestinians irresolvable? The consensus opinion seems to be that Jews and Palestinians have been "fighting forever," leaving little or no hope of peace. But before we wring our hands or throw them helplessly up in the air, we 
must consider two things:
First, people who don't like each other can 
live together in peace, if everyone is governed by fair, nonracist laws and 
courts. During the Holocaust, Nazis enslaved, brutalized and murdered Jews and other "undesirables" in the 
ghastliest ways imaginable. But 
after the Allies forced Germany to establish fairer  
laws and courts, ethic Germans and minorities were soon able to live 
together in relative peace, even though there was no sudden outpouring of 
affection between the victims and their former oppressors. The same is true for 
American descendents of slaves and slaveowners. After the Civil Rights Movement 
helped reform American laws and courts, millions of whites and blacks discovered 
that they were able to coexist, after all. Something very similar is happening, and 
working, in South Africa today. If Israel were to establish justice in 
the form of fair, nonracist laws and courts, the evidence of history is that violence 
on both sides would decrease 
dramatically, 
and quickly.
Second, it is untrue that Jews and Palestinians have been "constantly at war." The New Testament records what life was like when Roman 
laws and courts (the famous Pax Romana) governed Palestine, but it doesn't mention any major hostilities 
between Jews and Palestinians, only minor frictions. And during the Jewish diaspora there were 
always Jews who continued to live in Palestine. For the most part, they lived in 
peace with their neighbors. As the great Jewish scientist and humanitarian 
Albert Einstein pointed out in his extensive writings on Palestine and Zionism, Jews had historically been treated much more tolerantly by Muslims than by European Christians. It was only after Jews began to arrive in Palestine 
in increasing numbers, with the obvious goal of taking over, that tensions began to mount, nerves 
began to fray, and violence 
began to reign. And let's be honest: 
if millions of Jews had emigrated to Texas en masse, planning to turn 
it into a Jewish state, all hell would have broken loose there too. After all, Texans, like Palestinians, prize their 
freedom, rights, religion and culture. Some of the greatest Jewish intellectuals 
of modern times―including Einstein, Sigmund Freud and 
Noam Chomsky―have opined that Palestinian violence was a 
reaction to the injustices they suffered. If 
Israel wants peace, the first step must be to end terrible 
injustices that have produced so much resentment, anger and violence on both 
sides. Even 
Mohandas Gandhi 
said that "according to the accepted canons of right and wrong, nothing can be 
said against the Arab resistance in the face of overwhelming odds." Those 
are strong words coming from the great man of peace and proponent of nonviolent 
resistance. Over the history of the conflict there has been a strong tendency on 
the part of Israel and its allies and apologists to portray Palestinians as the 
aggressors and Jews as the innocent victims of terrorism, without an honest 
examination of the root causes of the violence. Today the world acknowledges 
that Native Americans were the victims of ethnic cleansing, which resulted in 
the forceful resistance of warriors like Sitting Bull and Crazy Horse. I submit 
that the vast majority of Palestinians have not committed major acts of 
violence, and those who have were also resisting the theft of their land, the 
destruction of their culture and way of life, and the devaluation of their 
children to something less than human. We should not be surprised when such 
terrible injustices result in forceful resistance.
How can peace be achieved without such forceful resistance?
Nelson Mandela gave us a valuable clue at his trial for sabotage. He 
testified that the African National Congress (ANC) had employed Gandhian 
nonviolent resistance for more than fifty years, without success, because 
such methods do not work when laws and courts have been rigged to 
favor oppressors over their victims. Mandela did not resort to acts of 
terrorism because he hated white people, or because he wanted to rule over them, 
but because a wildly unjust system left him no other option. But if Israel were to establish fair laws and courts,  
Palestinians would have a viable recourse to violence. 
Justice is the key.
If we consider historical facts, it is justice that leads to peace, not 
feelings. And this makes sense, because fair laws and courts make it too expensive to practice racism, 
as lawbreakers 
on both sides face fines, civil damages and/or prison sentences. Once justice 
has been established, everyone willing to coexist can live together in peace, while everyone else ends up  
broke, or in jail. But wherever justice does not exist violence invariably 
results, with the greater violence being on the part of the oppressors because the laws and courts 
have been rigged to favor and protect them. This is 
clearly the case in Israel/Palestine today. As 
Nobel Peace Prize laureates Jimmy Carter and Desmond Tutu have pointed out, Palestinians have been subjected to a system of daily, large-scale, systematic, grinding racism, 
apartheid 
and ethnic cleansing. Many Jewish peace and human rights organizations agree. But there is hope, if 
we can persuade Israel to do what Americans, Germans and South Africans did, 
when they established justice 
in the form of fairer 
laws and courts.
But how?, you may be wondering. Sure, it makes sense to say that 
equality and justice are necessary for peace, but what can anyone 
do, to persuade Israel to do what other nations have done 
successfully? The answer may be surprisingly simple. It can, in 
fact, be stated in a single sentence that we may call "The One-step Peace 
Solution" or TOPS:
We need a new U.N. resolution requiring Israel to unconditionally establish equal rights 
and fair, nonracist laws and courts for every human being under its 
jurisdiction, whether civil or military, without exception. 
Features of this new resolution that would help it succeed in reducing violence 
and creating a foundation for a lasting peace include: (1) the resolution should be 
backed by economic sanctions; (2) the courts should be able to set legal 
precedents; and (3) important court cases should be subject to peer review by 
judges appointed by the United Nations
in order to verify compliance. 
We have also considered a variation of this resolution that focuses strictly on 
the human rights of children under international law. In 1991, Israel signed the 
United Nations' Convention on the Rights of the Child. In doing so, Israel 
agreed to respect the human rights of all children under its 
jurisdiction "without discrimination of any kind." Therefore, because non-Jewish 
children are not treated as equals by Israel, whether they live in Israel 
proper, or in Gaza, or in the Occupied Territories where Israel has military 
jurisdiction, we believe there is an extremely strong case for a UN resolution 
backed by economic sanctions to protect Palestinian children from illegal and 
brutal actions perpetrated on them on a regular basis (such as home demolitions 
and the arrest and detention of minors who are tried as adults in military 
courts with a conviction rate close to 100%).
We have called this idea "The One-step Peace Solution" 
because here on planet earth, peace requires justice and justice requires 
equality. If we manage to establish equality and 
justice, peace can begin to grow "organically" even if Israeli and Palestinian 
politicians cannot agree on eternal borders. What politicians cannot accomplish in a fell swoop at the 
bargaining table, fair laws and courts can accomplish, one case at at time, in an organic process. Fair laws and courts are the basis of civilization. Without 
them, a just, lasting peace is impossible. But with them peace can begin to grow and flourish, regardless of who is running the show. 
And it is important to note that fair laws and courts are compatible with a 
one-state solution, a two-state solution, a bi-national state, a confederacy, an 
EU-style union, or 
any other form of democracy that may emerge over time. 
If Israel complies with this new resolution, peace through justice becomes possible. 
Palestinians will be protected from their homes being demolished and their 
land being confiscated without due process. This will help reduce the anger 
victims of such injustices 
understandably feel, and the violence such anger often produces. And as 
violence decreases, Israeli Jews will 
benefit in many ways from the "peace dividend."
If Israel does not comply, the U.N. can impose economic sanctions and in due 
course Israeli voters will "vote their pocketbooks" (a worldwide democratic 
phenomenon), electing new leaders more amenable to equality and justice, and 
thus to peace. But economic sanctions should not be necessary, once Israeli 
voters and politicians understand their new reality. The possibility of economic 
sanctions should be the catalyst for Israel to abandon its unsustainable and 
peace-defeating "settlement expansions" in the West Bank.
If you think this idea has merit, please feel free to share this page with your family, friends and government representatives.
Respectfully,
Michael R. Burch
Questions and Answers:
Won't the United States veto this resolution, the way it has vetoed so many 
other resolutions about Israel and Palestine in the past?
It will be very difficult for the U.S. government to veto a resolution that is 
limited strictly to establishing equal human rights, fair laws and just courts. 
After all, these are principles the entire world now confirms. And 
the most famous phrase in the American Declaration of Independence is 
"all men are created equal." How, then, can the U.S. government veto equal human 
rights, fair laws and fair courts for millions of people? And if the U.S. 
government considers such an unjust action, the international community can put 
enormous pressure on the people making the decision, including the acting 
president, by asking: "Who are you to deny equality and justice to your 
suffering brothers and sisters? You claim that you believe in the fundamental 
principles of equality and justice. Will you prove yourself and your nation to 
be hypocrites, by vetoing your own creed of equality and justice for 
everyone?" So this resolution has a chance to pass where other resolutions 
were vetoed. Even it it doesn't pass, something will have been accomplished, as 
the entire world will have see the hypocrisy of the United States clearly 
exposed.
How can we be assured that Israel will abide by the resolution?
If the resolution is backed by economic sanctions, Israel will not be able to 
ignore it, because Israel needs imports and exports to have a viable economy.
Isn't Israel already doing the things it needs to do according to 
International Law, the Law of Occupation and the Geneva Conventions?
No. Here is a very helpful page created by the International Committee of the 
Red Cross that spells out the things Israel should be doing as a military 
occupier, according to international law:
https://www.icrc.org/eng/resources/documents/misc/634kfc.htm
Given its lack of teeth, and the diffusion of responsibility inherent within its 
structure, how can we be assured the U.N. will follow through on the resolution?
The U.N. has followed through on sanctions imposed on Iraq and Iran, so there is 
no reason that the U.N. cannot follow up on this one. One way to enforce the 
resolution is for the U.N. to appoint a panel of judges to review important 
court cases and make sure the principles of equality and justice are being met 
by Israel's courts and judges. If the proper standards are being met, economic 
sanctions will not be needed. If Israel's courts fail to meet the required 
standards, the U.N. can impose an escalating series of economic sanctions, until 
Israel complies.
How does the one-step solution differ from a one- or two-state solution?
Fair laws and courts are compatible with any just form
of government. Fair laws and courts are also 
compatible with an "emerging" democracy in which everything doesn't have to be 
agreed upon in advance. If Israeli and Palestinian politicians cannot agree on 
eternal borders, for instance, a two-state solution falls apart. If they cannot 
agree on the right of return of Palestinian refugees, a one-state solution falls 
apart. But fair laws and courts can settle such matters in a series of smaller 
steps, one legal case at a time.
Who can propose the new resolution? 
Any member nation of the U.N. can submit a new resolution, so we don't have to depend on Israeli, 
Palestinian or American politicians to "do the right thing." Politicians are often much better at 
saying than doing the right 
things. They often do what is expedient, rather than what is right. But FCR takes this unfortunate reality into account and operates through the U.N., bypassing American, Israeli 
and Palestinian politicians in the early going. Once progress is being made in a 
better direction, politicians can and hopefully will adapt to the improving climate.
Why go through the trouble of passing and implementing the one-step solution 
when most of the world agrees the Palestinians need their own state and it needs 
to happen now or never?
Creating a new political state in the middle of such chaos will be very 
difficult, if not impossible. But FCR will help reduce the chaos and the 
violence, which could help a Palestinian state emerge over time. But it is also 
possible that when Israeli Jews and Palestinians see that they can live 
together in peace, they will prefer a one-state solution. FCR keeps all the 
doors open at all times, in terms of how the state(s) will be configured.
Why go through the trouble of passing and implementing such a resolution when a 
single-democratic state, with equal rights for all is more ideal?
Similarly, it will be very difficult if not impossible to create a single state 
amid such chaos, mistrust and violence. If a single state is to develop, it may have to 
develop over time, as the conflicting sides learn to trust each other and work 
together.
Why not let solutions arise from the Palestinians themselves, who may not even 
want this resolution?
FCR does not impose any particular state configuration on either Palestinians 
or Israelis. They are free to choose whatever solution they are able to agree 
upon, between themselves. But in the meantime, if there is no mutual agreement, 
there will at least be a system of justice that reduces chaos and violence.
What’s in the resolution for Israel?
There are tremendous benefits for Israel: (1) a just, lasting peace; (2) being 
able to spend more money on productive things and less money on weaponry and 
war; (3) ending the accusations that Israel is practicing 
apartheid, ethnic 
cleansing and 
committing war crimes against a mostly defenseless people; (4) improving 
Israel's standing in the world community; (5) improving Israel's relationships 
with its neighbors who want the Palestinians to prosper rather than suffer; (6) 
and the satisfaction of doing the morally correct things as a nation and as a 
people.
Why would an occupying power relinquish control to a population that is openly 
hostile and occupies a critical buffer zone between it and other hostile states?
Because peace is not possible as long as Israel remains an occupying power. 
Because the open hostility is a result of the occupation. And because Israel has 
massive military superiority over its neighbors and does not need a "buffer." 
The last point was confirmed by the man most responsible for Israel's defense, 
Defense Minister Ehud 
Barak, in an interview he did with the Los Angeles Times. Barak 
confirmed that Israel has massive military superiority over its neighbors and 
does not fear an invasion or losing a war. Thus, Israel can negotiate from a 
position of strength, rather than weakness.
Why should we believe peace with Israel is even possible?
Because history has demonstrated that fair laws and courts make racial peace 
possible: (1) in Germany after the Allies defeated the Nazis and imposed a 
fairer system of laws and courts; (2) in the United States, after the reforms 
introduced by the American Civil Rights Movement; and (3) in South Africa after 
apartheid was finally ended.
Will the resolution give Israel jurisdiction over areas currently under 
Palestinian Authority control?
The resolution does not change Israel's jurisdiction. But in areas where Israel 
has jurisdiction, it requires Israel's laws and courts to be fair. Israel's 
military courts have a conviction rate of nearly 100% and cannot be considered 
to be "just" in any sense of the word. Palestinian children are being arrested, 
detained for long periods of time, and prevented from seeing their parents and 
lawyers. With the resolution, such abuses would have to end, and ending such 
abuses will help reduce tensions and violence on both sides.
Will Israeli Defense Forces continue to make arrests in areas controlled by the 
Palestinian Authority? 
The resolution does not stop such arrests directly, but it requires that when 
arrests are made, the people being arrested must be treated as equals before the 
law. So Jews should be treated no differently from Palestinians, and vice versa.
Wouldn’t extending civil law to the occupied territories signal a de facto end 
to the occupation and a move toward annexation?
Not necessarily. Annexation is not a given, because lacking a political solution 
acceptable to both sides, just courts would decide what happens on a 
case-by-case basis. If Palestinians have a better legal claim to land in the 
West Bank, then some of the land that has been informally "annexed" by 
Israel may pass back into Palestinian hands. If Israel seeks to annex land in 
the West Bank, Palestinians can sue to protect their rights.
How will the resolution effect Gaza, where Israel seldom stations troops or make 
arrests, but tends to do the most damage?
Gazans will have the right to sue Israel for death, dismemberment, loss of 
property, etc., in fair courts. So Israel will have to consider the cost of inflicting so much 
damage on noncombatants in Gaza.
What might the relationship of such a movement be to the Boycott, Divestment, 
Sanctions movement?
Whenever Israel does not treat Palestinians as human beings with fully equal 
rights, both the resolution and the BDS movement seek similar
goals using similar methods. If Israel reforms its policies and actions, 
then neither U.N. economic sanctions or BDS actions will be needed.
How will the resolution affect the right of return?
That is a matter the courts will determine, over time. If there is a political 
solution that the courts deem legal, the matter can be decided by Israeli and 
Palestinian negotiators. But whatever happens will have to meet the tests of 
equality and justice for both sides.
How would the resolution affect Palestinian rights to West Bank groundwater, 
80-90 percent of which is currently being used by Israel?
As with the right of return, this can be determined 
by negotiators if the courts deem the settlement legal, or lacking a political 
solution, the courts would determine what happens on a case-by-case basis.
Are there weaker and stronger versions of the resolution, and if so, what do 
they look like?
The "weakest" version of the resolution would be a U.N. requirement that 
requires Israel to recognize the human rights of all individuals under its 
jurisdiction, without any oversight, enforcement or sanctions. Based on what 
Israel has done in the past, one might predict that Israel would either ignore 
the resolution or only pay lip service to human rights and justice, while 
continuing to acquire land illegally in the West Bank. The "weak" resolution 
would at least express the concerns of the international community, but it seems 
doubtful that it would achieve the goal of a just, lasting peace for Israelis 
and Palestinians. The "strongest" version of the resolution would incorporate 
the following: (1) the resolution would be backed by economic sanctions; (2) the 
courts would be able to set legal precedents; and (3) important court cases 
would be subject to peer review by judges appointed by the United Nations.
The Proposed Resolution
first draft composed by Avram Meitner, January 30, 2015
The General Assembly,
Recalling the historic adoption of Resolution 217,
Further recalling the adoption of the Universal Declaration of Human Rights as a 
common standard of achievement for all peoples and all nations,
Noting with deep concern the loss of both Israeli and Palestinian lives in 
recent years,
Fully aware of the complexities of the ongoing conflict,
Believing that a restatement of our common humanity will serve the pursuit of 
peace;
Declares that both Israelis and Palestinians:
1. are born free and equal in dignity and rights. They are endowed with reason 
and conscience and should act towards one another in a spirit of brotherhood.
2. have the right to life, liberty and security of person.
3. are equal before the law and are entitled without any discrimination to equal 
protection of the law.
4. are entitled in full equality to a fair and public hearing by an independent 
and impartial tribunal, in the determination of their rights and obligations and 
of any criminal charge against them.
Letters and Correspondence
The One-Step Peace Solution 
(TOPS)
by Theo Horesh
A true chess master will often win a match long before his opponent grasps his 
downfall. Why? Because there are certain moves that allow the end game to 
develop. We can think of this in terms of logic: certain moves necessitate all 
resulting moves. Or we can think in terms of "snowball" effects: certain 
movements have a way of building over time, until a tiny snowball creates an 
avalanche.
 
Ending the Israeli occupation of Palestinian territories may require setting 
such an escalating process in motion. First steps tend to be easier to implement 
than total solutions because they are less threatening and allow present leaders 
to defer more difficult questions to the future. Partial solutions can also 
create space for new, previously-unimagined solutions, as people adapt to each 
step in the process of transformation.
 
Israelis and Palestinians are currently engaged in a zero-sum game. There is 
only so much territory and it must somehow be divided between the two parties, 
or shared. Some want everything for the Israelis, others want everything for the 
Palestinians, while others want a division that favors their side. But zero-sum 
games inevitably lead to conflict in which the stronger power usually wins. And 
zero-sum conflicts tend to leave both sides insecure, stressed out, and worried 
about losing everything. 
 
An increasing number of individuals would like to form a single democratic 
state, with equal rights for all. But getting there is not easy. Israelis tend 
to see the one-state solution as a masked call for Palestinian demographic 
dominance. Thus achieving such a state would almost certainly require 
significant outside pressure, coupled with internal efforts at reconciliation. 
And even under the best of circumstances, it could take decades to build an 
international consensus to make it happen.
 
Military occupations are usually brutal. The siege of Gaza has crippled economic 
and life prospects there. The occupation of the West Bank involves the theft of 
Palestinian property for settlement building, the destruction of olive trees, 
the arrest and detention of Palestinian children, and a patchwork of invasive 
checkpoints. Such unjust occupations are resisted through peaceful protests, 
stone throwing and occasional acts of terrorism. Halting the worst of these 
abuses might, if nothing else, dramatically improve the quality of life for 
Palestinians while reducing tensions on both sides.
 
But as Mike Burch, a friend and editor and publisher of Nakba and Holocaust 
poetry has pointed out, any change in the status quo must get past the American 
gatekeeper. This requires major shifts in public opinion and power in 
Washington, or else making American politicians an offer they can't refuse. 
Israel made such an offer to the Palestinian Authority at Oslo, but it left the 
PA burdened with policing the occupation. If it refuses to do the policing, the 
PA loses power and West Bank cities are taken over by Israeli Defense Forces. 
But by policing the West Bank, the PA becomes a party to the occupation – a 
classic double bind. Ironically, the same sort of double bind may be applied to 
the U.S. through a new U.N. Security Council resolution proposed by Burch.
 
Perhaps the hardest resolution for the U.S. to veto would be one calling solely 
for basic Palestinian human rights. This is true because the most famous phrase 
in the most famous American foundational document is "all men are created 
equal." Can the U.S. veto the American creed on the world stage, in the court of 
human opinion?
If the U.S. cannot veto human rights for Palestinians, Israel will have to 
change its ways, because while the PA ostensibly polices West Bank cities, in 
truth the IDF maintains a near-totalitarian control of the areas within and 
around them. When Palestinians are arrested, they are not tried under Israeli 
law, but rather in military courts which enforce several thousand overlapping 
military decrees. Few Palestinians enjoy adequate representation or fair trials, 
and many are picked up for peaceful protesting, then are pressured to become 
informers. Some are tortured, according to humanitarian watchdog organizations 
like Amnesty International.
 
Meanwhile, Israeli settlers often literally get away with murder. Hilltop youth 
terrorize local Palestinians in an effort to run them off their lands. And the 
discrimination in Israel proper runs far deeper than even most Israelis imagine. 
Palestinians are educated in separate, unequally-funded schools, are forbidden 
from buying most Israeli land, are discriminated against in the workplace for 
never having served in the army, and in some cases can be separated from their 
own children if they marry spouses unacceptable to the apartheidist state. And 
of course Jews abroad who have never set foot in Palestine have the right of 
return, while native Palestinians don't.
 
These legal abuses might be ended, as Burch suggests, through passing a Security 
Council resolution that mandates full equality before the law for Palestinians 
in areas under Israeli control. Such a resolution would draw attention to 
current inequalities and would be harder for the U.S. to veto than other more 
comprehensive solutions of the past. While the expectation of equality before 
the law runs deep in American culture, supporters of Israel seldom defend 
Israeli inequalities, but instead argue that they simply do not exist. Arguing 
against such a resolution would thus first necessitate admitting that the 
inequalities do, indeed, exist.
 
The genius of the solution lies not only in the fact that it would have a better 
chance of passing than previous resolutions, but it also sets the condition for 
nonviolent solutions to come. A native of Tennessee, Burch notes that the U.S. 
Supreme Court set the conditions for ending segregation in the American South. 
American courts, in effect, curbed the lawlessness of Southern states. And by 
treating blacks and whites as equals in principle, they transformed the basis of 
relations between the two groups. Fair and equal courts are foundational to 
democracy. And they enshrine reconciliation in the law. American whites and 
blacks have generally friendlier relations today because American courts made 
the breaking of common ground possible.
 
Relative equality before the law would curb the worst abuses of, but not 
immediately end, the occupation. This would make it more acceptable for the U.S. 
and Israel and therefore easier to pass. By improving the day-to-day conditions 
of Palestinian life under occupation, it would help ease the strains of the 
conflict. By legalizing and protecting civil protest it might also facilitate 
the emergence of a genuine nonviolent movement able to end the occupation 
peacefully. By easing tensions it would set the conditions for a two-state 
solution, or help a single democratic state emerge. In either case, the 
provision of full civil rights would be foundational. Hence, this “first-step 
solution” would set in motion a process compatible with one state, two states, a 
bi-national state, a confederacy, or any other just configuration.
 
Such a U.N. Security Council resolution would, of course, be difficult to 
enforce. But this could be left to an body of peer judges appointed by the U.N. 
to determine whether Israeli courts are acting in good faith. If not, the 
International Court of Appeals would have the power to impose sanctions. Any 
number of countries might initiate the new U.N. resolution, and because vetoing 
it might be more embarrassing than usual for the U.S., many countries would have 
an interest in placing them in this unique double bind. The U.S. would 
understandably not want to be put in such a Catch-22 position, and might put 
more pressure on Israel to avoid it. While it may not be a perfect solution, and 
while it leaves many questions unanswered, it is nonetheless an elegant solution 
which sets in motion an "escalating peace process." But this peace process is 
still in the early stages of development and could use your input. Please share 
your questions and concerns and ask friends for their suggestions. We especially 
need help from people versed in international law to help us with the specific 
wording of the resolution.
***
Questions posed by Dr. Milena Rampoldi:
1.- As I can understand your point of view LAW can bring PEACE. How do you 
think this is possible for Palestinians and Jews after these hateful decades of 
war?
Yes, I firmly believe so. And I think history demonstrates that peace is 
possible, when the laws and courts are nonracist and just. Take, for example, 
the situation of Jews in Germany after the Holocaust. Obviously, there were very 
bitter feelings on the part of the Jews who survived the Holocaust. Many of them 
left Germany, but many stayed. Today I believe there are more than 200,000 Jews 
who live in Germany, and more Jews are emigrating to Germany. Something very 
similar happened in the American South, where I live. Before the mid 1900s we 
had slavery, then Jim Crow laws, kangaroo courts and segregation. Black 
Americans could not drink from the same water fountains as white people. They 
had to sit at the back of the bus. But once the United States had fairer laws 
and courts, things began to change for the better. Today I live in an 
upper-class neighborhood that is open to everyone of every skin color and tone. 
And we really do get along. So it is possible for fair laws and courts to 
created friendships between former bitter enemies, over time.
2.- Do you think a real democracy with no apartheid and equality of all in front 
of the law is enough to guarantee the long-lasting peace? And why should it work 
considering all the religious and nationalist movements in the region on both 
sides?
I'm not sure that we can guarantee a long-lasting peace. But I think we can 
greatly increase the chances for a long-lasting peace, in a nonviolent way. I 
think it should work despite the diverse religious and nationalistic movements. 
The United States is extremely diverse. The European Union is extremely diverse. 
The greater the diversity, the more equality becomes necessary, I believe, or 
the group in power takes advantage of the other groups, and that leads to 
friction and hostilities. Then things begin to escalate and you have an 
avalanche of horrors.
3. - If we consider historical facts, it is justice that leads to racial peace, 
not feelings.  Can you explain this thesis to our readers?
Yes, I will use three examples of justice leading to racial peace. Not perfect 
peace, but relative peace.
(1) The situation of Jews and other "undesirable" people in Germany improved 
quickly and remarkably after the Allies forced Germany to create a fairer system 
of laws and courts.
(2) The situation of blacks and other minorities improved quickly in the United 
States once American courts began to protect the victims rather than the 
oppressors.
(3) The situation of blacks in South Africa began to improve quickly once fairer 
laws and courts were established.
There were no sudden outpourings of love and affection in these cases. Rather, 
implementing a better system of justice allowed people on both sides to see that 
they could live together in relative peace. That led to more friendships 
forming, over time.
 
4.- Do you think we should give such much power to the USA? Would it not be 
better to take the veto right from the USA?
I think it would be much better to take the veto away from the permanent 
Security Council members. But the superpowers do not trust each other, so I do 
not expect them to give up their vetoes willingly. I'm sure they would veto 
their vetoes being taken away!
5. - If we consider historical facts, it is justice that leads to racial peace, 
not feelings.  Is this peace possible without the involvement of the masses of 
people?
Yes, I think so. When the United States began to reform its laws and courts, 
there were a few brave souls who made it happen: Dr. Martin Luther King Jr., 
John F. Kennedy, Robert Kennedy, and a relatively small number of people with 
similar liberal views. The majority of Americans did little or nothing. The 
attitudes and beliefs of the masses did change over time.
***
Dear Richard Falk,
I am an editor and publisher of Holocaust and Nakba poetry. I am an admirer of 
your work for peace and we have spoken briefly in the past. I have been working as a peace activist for many years, and I 
have devoted a lot of time and considerable thought to the question: "How can 
there be a real, lasting peace between Israeli Jews and Palestinians?" I know 
you are a busy man and I don't want to waste your time, so I will be brief. I 
think the answer would be simple if the government of Israel wanted peace more 
than it wants to keep acquiring land in the West Bank. The answer is that peace 
requires justice, and justice requires equality, so one must begin by 
establishing fair laws and just courts. But how can we 
establish fair laws and just courts in Israel/Palestine? When I studied the UN 
votes, it became apparent that only the US security council veto was preventing 
the UN from creating a path to peace, with the right resolution and enforcement 
thereof. 
So the question became: "What sort of new UN resolution would help Israeli Jews 
and Palestinians achieve peace, that the US could not veto?" The answer I 
discovered is that the US cannot veto its core belief -- enshrined in the most 
famous passage in the Declaration of Independence -- that "all men are created 
equal." And that is exactly the rule that Israel needs to establish and enforce, 
in order to have a lasting peace.
So my idea, in a nutshell, is that we need a new UN resolution backed by 
economic sanctions that is strictly about human rights.
I have created a brief webpage with my idea about the wording of this new UN 
resolution, but I am not am not an expert on international law, so I need advice 
on the wording. Again, I realize that you are a very busy man, but if you could 
take a few minutes of your time to advise me, in the cause of peace, I would 
very much appreciate it.
Here a link to the webpage: 
http://www.thehypertexts.com/peace.htm
Thanks so much,
Mike Burch
***
Dear Stanley L. Cohen,
I am the editor and publisher of Holocaust and Nakba poetry who tweeted you 
earlier today. I have been working as a peace activist for many years, and I 
have devoted a lot of time and considerable thought to the question: "How can 
there be a real, lasting peace between Israeli Jews and Palestinians?" I know 
you are a busy man and I don't want to waste your time, so I will be brief. I 
think the answer would be simple if the government of Israel wanted peace more 
than it wants to keep acquiring land in the West Bank. The answer is that peace 
requires justice, and justice requires equality, so one must begin by 
establishing fair laws and just courts to enforce those laws. But how do we 
establish fair laws and just courts in Israel/Palestine? When I studied the UN 
votes, it became apparent that only the US security council veto was preventing 
the UN from creating a path to peace, with the right resolution and enforcement. 
So the question became: "What sort of new UN resolution would help Israeli Jews 
and Palestinians achieve peace, that the US could not veto?" The answer I 
discovered is that the US cannot veto its core belief -- enshrined in the most 
famous passage in the Declaration of Independence -- that "all men are created 
equal." And that is exactly the rule that Israel needs to establish and enforce, 
in order to have a lasting peace.
So my idea, in a nutshell, is that we need a new UN resolution backed by 
economic sanctions that is strictly about human rights.
I have created a brief webpage with my idea about the wording of this new UN 
resolution, but I am not am not an expert on international law, so I need advice 
on the wording. Again, I know that you are a very busy man, but if you could 
take a few minutes of your time to advise me, in the cause of peace, I would 
very much appreciate it.
Here a link to the webpage: 
http://www.thehypertexts.com/peace.htm
Thanks so much,
Mike Burch
***
Dear K.M. Seethi,
It was my honor to serve as your editor for such an important article. If you 
write anything else on the subject, please feel free to email me and I will be 
glad to help with the editing. It is the least we can to help one of the world's 
most beleaguered tribes in their battle for equality and justice.
But I think there is a way to help in a much bigger way, if only we "think 
outside the box." I have been a peace activist for the better part of two 
decades, with a focus on Palestine, and during my studies I happened on some 
facts that "add up" to a way to help the Palestinians while protecting Israeli 
Jews at the same time. Some of the peace activists I work with think this is a 
"genius" idea and perhaps the only way to take the first step toward peace, but 
we lack the contacts and influence to advance the idea. It would be a wonderful 
thing if a university named after Gandhi, the great man of peace, were to help 
bring about peace in one of the world's hottest racial "hot spots." I have 
observed in the past that if this idea can be used to bring about peace in the 
Middle East, it would prove that war is never necessary, because the path to 
peace lies in fair laws and courts, and the enforcement of those laws.
I truly appreciate your time to read this idea, and to let me know your 
thoughts and suggestions. Here is the plan, called the Fair Courts Resolution 
(FCR), thinking "backwards" from the goal to the solution ...
The goal is peace in Israel/Palestine, and to prove that war is never 
necessary, creating a path to world peace.
Peace requires justice for everyone on both sides of the conflict.
Justice for everyone requires real equality.
Justice with real equality can only be enforced by fair, nonracist laws and 
courts.
Therefore, the solution to the Israeli/Palestinian conflict is to create fair, 
nonracist laws and courts for everyone in the region. But how to do this?
The solution is a UN resolution requiring the creation of fair, nonracist laws 
and courts for everyone under Israel's jurisdiction, whether civilian or 
military. Economic sanctions would enforce compliance and there would be peer 
review of important cases by judges appointed by the UN.
However, the US government has been vetoing UN resolutions related to Israel, so 
what can be done about that?
It would be incredibly difficult for the US to veto a resolution that was ONLY 
about human rights, and even more difficult if the resolution was ONLY about 
children's rights.
Therefore, this is the "first step" toward peace in Israel/Palestine:
In 1991, Israel signed the United Nations' Convention on the Rights 
of the Child. In doing so, Israel agreed to respect the human rights of all 
children under its jurisdiction "without discrimination of any kind." Therefore, 
because non-Jewish children are not being treated as equals by Israel, whether 
they live in Israel proper, or in Gaza, or in the Occupied Territories where 
Israel has military jurisdiction, we believe there is an extremely strong case 
for a UN resolution backed by economic sanctions to protect Palestinian children 
from illegal and brutal actions perpetrated on them on a regular basis (such as 
home demolitions and the arrest and detention of minors who are tried as adults 
in military courts with a conviction rate close to 100%). 
Please note three unique things about this peace plan. First, the FCR 
addresses children's rights initially, with the next step being to extend full 
protection to all human beings. However, protecting children will offer 
significant protection to their parents and families from the beginning: for 
example, by preventing home demolitions and the theft of the underlying land. If 
it is possible to skip the first step and immediately protect adults as well, 
that is wonderful and the plan helps either way. Second, the FCR is completely 
compatible with a single state, two states, a bi-national state, a 
confederation, or an EU-style union. It does not impose any particular state 
configuration on either side. Third, limiting the scope strictly to the human 
rights of children in the first step completely defeats any US or Israeli 
arguments against the resolution. What is the counter-argument?
There is more to the plan that just this, and I will paste the full proposal 
below, but what I have spelled out so far is the gist of the idea. I came up 
with this idea in 2009 but have had no way to advance it. It is my understanding 
that the Carnegie Endowment for Peace put out a paper recently arguing that 
Palestinians and Jews should be granted equal rights in all areas controlled by 
Israel. It would be wonderful if your university and the Carnegie group could 
team up, with two names that carry so much weight and influence. Meanwhile the 
lives and fates of millions of people hang in the balance, and perhaps the 
prospects for world peace as well. So it seems incumbent on us to do what we 
can, even when the odds seem insurmountable, as they once did for Mahatma 
Gandhi, Martin Luther King Jr. and Nelson Mandela.
Following is the "whole shebang" but what I have provided above is the gist 
of the idea.
Again, thanks for taking the time to read my idea and consider it. I look 
forward to hearing back from you when time permits, and I do hope we can work 
together as allies in the cause of peace through justice.
My warm regards,
Mike Burch
***
05-30-2021Dear Zaha Hassan, 
I am a peace activist with a novel idea about a way to achieve peace in 
Israel/Palestine. I hope you will take two minutes to read my plan and let me 
know if you think it has any merit. 
 
I have been a peace activist for the better part of two decades, with a focus on 
Palestine, and during my studies I happened on certain facts that I believe "add 
up" to a way to help the Palestinians while protecting Israeli Jews at the same 
time. Some of the peace activists I work with think this is a "genius" idea and 
perhaps the only way to take the first concrete step toward peace, but we lack 
the contacts and influence to advance the idea. It would be a wonderful thing if 
your organization were to help bring about peace in one of the world's hottest 
"hot spots." I have observed in the past that if this idea can be used to bring 
about peace in the Middle East, it would prove that war is never necessary, 
because the path to peace lies in fair laws and courts, and the enforcement of 
those laws.
 
I truly appreciate your time to read this idea, and to let me know your thoughts 
and suggestions. Here is the plan, called the Fair Courts Resolution (FCR), 
thinking "backwards" from the goal to the solution ...
 
The goal is peace in Israel/Palestine.
Peace requires justice for everyone on both sides of the conflict. 
Justice for everyone requires real equality.
Justice with real equality can only be achieved via fair, nonracist laws and 
courts.
Therefore, the solution to the Israeli/Palestinian conflict is to create fair, 
nonracist laws and courts for everyone in the region. But how?
The solution is a UN resolution requiring the creation of fair, nonracist laws 
and courts for everyone under Israel's jurisdiction, whether civilian or 
military. Economic sanctions would enforce compliance and there would be peer 
review of important cases by judges appointed by the UN.
However, the US government has been vetoing UN resolutions related to Israel, so 
what can be done?
It would be incredibly difficult for the US to veto a resolution that was ONLY 
about human rights, and even more difficult if the resolution was ONLY about 
children's rights. 
Therefore, this is the "first step" toward peace in Israel/Palestine:
 
In 1991, Israel signed the United Nations' Convention on the Rights of the 
Child. In doing so, Israel agreed to respect the human rights of all children 
under its jurisdiction "without discrimination of any kind." Therefore, because 
non-Jewish children are not being treated as equals by Israel, whether they live 
in Israel proper, or in Gaza, or in the Occupied Territories where Israel has 
military jurisdiction, we believe there is an extremely strong case for a UN 
resolution backed by economic sanctions to protect Palestinian children from 
illegal and brutal actions such as home demolitions and the arrest and detention 
of minors who are tried as adults in military courts with a conviction rate 
close to 100%.
 
Please note three unique things about this peace plan. First, the FCR addresses 
children's rights initially, with the next step being to extend full protection 
to adults. However, protecting children will offer significant protection to 
their parents and families from the beginning: for example, by preventing home 
demolitions and the theft of the underlying land. If it is possible to skip the 
first step and immediately protect adults as well, that is wonderful and the 
plan helps either way. Second, the FCR is completely compatible with a single 
state, two states, a bi-national state, a confederation, or an EU-style union. 
It does not impose any particular state configuration on either side. Third, 
limiting the scope strictly to the human rights of children in the first step 
completely defeats any US or Israeli arguments against the resolution. What is 
the counter-argument? 
 
I came up with this idea in 2009 and published it, but have had no way to 
advance it. It is my understanding that the Carnegie Endowment for International 
Peace recently put out a paper arguing that Palestinians and Jews should be 
granted equal rights in all areas controlled by Israel. My idea shows how this 
can be accomplished. 
 
Thanks in advance for taking the time to read my idea and consider it. I look 
forward to hearing back from you when time permits, and I do hope we can work 
together as allies in the cause of peace through justice.
 
My warm regards,
Mike Burch
***
Dear Micheál Martin, 
 
I am writing to applaud you and the Fianna Fáil Party, along with your partners 
in Government, for formally recognising The State of Palestine today. Hopefully, 
this is the first major step on the path to a permanent resolution of the 
ongoing conflict between Israel and Palestine, and that peace will reign soon in 
the war-torn region of Gaza.
 
I have been a life-long supporter of the Fianna Fáil Party, and I have canvassed 
for you in the South Ward Constituency on a number of occasions - you, and my 
local T.D. John Dennehy, who retired in 2007.
 
As well as wanting to applaud you and your Government partners, I've been asked 
by a close colleague and friend of mine in America, Poet & Peace Activist, 
Michael R. Burch, to tell you about his long-standing plan for peace and justice 
in Palestine, titled 'The Burch - Elberry Peace Initiative'. He said that he 
would appreciate it very much if you would simply read it. He said also that he 
speaks on behalf of millions of ordinary, decent American who are vehemently 
opposed to this war, and want it to end, because they know, like the vast 
majority of the citizens of Ireland, that the carnage that is happening now is 
shameful, shocking and totally wrong.
 
Lastly, let me applaud you personally, as Táinste & Minister for Foreign 
Affairs, for your tireless, ongoing efforts to find a lasting permanent solution 
to the Israel / Palestine conflict. I will shake your hand when I see you back 
walking the streets of Cork - presumably during the next election.
 
These are the links to Michael's peace plan:
 
https://michaelrburch.substack.com/p/peace-is-possible-for-israelpalestine
http://www.thehypertexts.com/peace.htm
Michael can be contacted directly at michaelrburch@gmail.com
 
Warm regards, 
Martin Mc Carthy
A Brief History, Chronology and Timeline of the Fair Courts Resolution 
(FCR)
June 6, 2009: Michael R. Burch (MRB) proposes the idea of a new UN resolution 
protecting both Israelis and Palestinians that is based strictly on fair laws 
and courts (i.e., the FCR) to George McGovern by hand-delivering it in letter 
form during a book-signing event in Nashville. While standing in line, MRB met 
Zainab Elberry (ZE), an Egyptian-American peace activist who would later agree 
to add her name to the peace plan, which then become known as the Burch-Elberry 
Peace Initiative.
June 26, 2009: MRB proposes the FCR in a letter to the editor of his local 
newspaper, the Tennessean, that was published on June 30, 2009.
August 14-22, 2009: MRB proposes the FCR in communiqués to Paul Stevens, Malcolm 
Fraser and Bill Clinton (the latter through a mutual acquaintance, Dr. Fred 
Taylor). The title Burch-Elberry Peace Initiative is used for the first time.
October 10, 2009: More than a hundred Tennesseans walked in silence from the 
Bicentennial Mall to the steps of the State Capitol building, in support of 
equal human rights for Palestinians. MRB and ZE were two of the speakers, along 
with two of the original Freedom Riders who rode buses from Nashville to 
Birmingham during the dark days of American apartheid.
July 4, 2010: The first formal draft of the Burch-Elberry Peace Initiative is 
written by MRB on Independence Day. The FCR is immediately published online by 
United Progressives.
July 5, 2010: The section on “racism too expensive to practice” is expanded, 
for clarity, thanks to comments made by Tom Merrill. The FCR is published by the 
National Forum of India and Fullosia Press.
July 10, 2010: There is “fine-tuning” of the language throughout and the 
addition of section headings.
July 16, 2010: More “fine-tuning” of language throughout. Discussion of “lag 
time” added.
July 25, 2020: The FCR is published by Ethos Literary Journal.
August 6-24, 2010: More “fine-tuning” of language throughout, followed by 
“pruning” to keep total word length below 8,000 characters, for Facebook 
posting.
September 24-28, 2010: Created “short version” for newspaper letters and 
op-eds.
October 21, 2010: MRB presented the Burch-Elberry Peace Initiative to Aziz 
Mekouar, the Moroccan Ambassador to the United States, at a gala event held in 
the Grand Ballroom of Nashville's Vanderbilt Plaza hotel.
June 8, 2011: The FCR is published by the Free Palestine Blog.
December 2-26, 2010: The FCR is published as "The Path to Peace" by the Chet 
Justice Blogspot.
June 23, 2012: MRB wrote the first draft of the revised FCR with the title 
Berlin-Thompson Peace Proposal.
June 25-26, 2012: MRB shared the new draft with Kamal Nawash, Josef Avasar 
and Doron Tzur.
July 1, 2012: MRB presented the FCR to Michael James, Arik Ascherman and Ari 
Greenblatt.
January 11, 2015: The FCR is discussed during an MRB interview with 
ProMosaik, a multicultural press that publishes in six languages.
January 30, 2015: With input from MRB and Theo Horesh, an experienced peace 
activist and organizer, a
first draft of a formal letter to the UN General Assembly is composed by Avram 
Meitner.
May 30, 2021: MRB emailed the latest version of the FCR to K.M. Seethi, Zaha 
Hassan, Michele Dunne and Nathan J. Brown. 
May 22, 2024, Martin Mc Carthy emailed the FCR to Ireland's foreign minister, 
Micheal Martin.
Links, Templates, Models and Ideas
Libya UN Resolution 1973 with text analyzed:
http://www.bbc.com/news/world-africa-12782972
Resolutions adopted by the UN Security Council, by year:
http://www.un.org/en/sc/documents/resolutions/
History of sanctions: 
http://www.sanctionswiki.org/Main_Page
The HyperTexts