by Dore Gold
In 1996,
 the Hashemite Kingdom of Jordan convened an international forum at the 
Hashimiyya Palace in Amman with guests from the entire Middle East as 
well as noted statesmen from outside the region. As a newly appointed 
foreign policy adviser to Prime Minister Benjamin Netanyahu, I found 
myself invited to one of these events. Among the guests, with whom I 
spoke a great deal, was former Secretary of State Henry Kissinger, who 
possessed a rare combination of enormous diplomatic experience and the 
capacity to derive lessons from what he did in practice that can be 
applied in other cases.
The Israeli-Palestinian
 peace process was clearly on the verge of collapse at that time, after 
Palestinian suicide bombers attacked Israeli cities four times in 
February-March 1996 and ninety Israelis had been killed. Recognizing 
that it was necessary to take a different approach, Kissinger told me 
"what you need is a 'code of conduct' for the Middle East." To be 
honest, I had absolutely no idea what he was talking about. But I 
decided that when I got home to Jerusalem, I would check the four 
volumes of his memoirs that I had on my bookshelves and then speak to 
him again when he arrived a few days later.
Looking under the 
letter "C" in the index of his books, I expected to find the term "Code 
of Conduct." It wasn't there. Yet from our subsequent discussion, it 
became clear what he was getting at. Back in 1972, Kissinger found 
himself involved in negotiations with the Soviet Union over limits on 
the growth of the strategic missile arsenals of the two superpowers. 
These negotiations eventually led to the signing of the SALT I Treaty. 
But there were serious 
reasons to doubt whether the negotiating process between the superpowers
 was leading anywhere, since Moscow was looking to increase its military
 activism in the Third World, from Vietnam to Angola. Kissinger did not 
want to sit at the negotiating table while the Soviets resumed their war
 against the West through their proxy forces.
What he developed was a
 document called "Basic Principles of U.S.-Soviet Relations." If Moscow 
adhered to this code of conduct, then Washington could judge the level 
of progress that had been made in creating new relations between the 
superpowers based on detente. But if Moscow violated the code of 
conduct, then Washington could turn these principles into a blunt 
diplomatic instrument for hammering the Russians before the NATO allies 
and the American public more generally. The code of conduct would allow 
the U.S. to smoke out the Soviets to reveal their true intent. 
Could Kissinger's idea 
of a code of conduct been helpful in the Middle East? Was it possible to
 devise a set of rules for future negotiations that would either promote
 a real peace process or provide a clear measure for indicating that the
 Palestinian leadership had violated its commitments? There were unique 
issues in the Middle East that could have been addressed: incitement to 
violence, providing sanctuary to terrorist organizations, or halting 
hostile initiatives in international bodies like the U.N. 
These were not formal 
issues for the negotiating agenda, like borders, refugees, or 
settlements, but they served as important indicators of whether the 
peace process was serious or not. In 1996, Israel found itself in a 
position in which it was negotiating with Arafat at the peace table, 
while he was giving a green light to Hamas to escalate suicide attacks 
on Israel and thereby gain diplomatic leverage. This was completely 
untenable. To make the code of conduct in the Israeli-Palestinian case, 
the U.S. would have had to support it and, in effect, serve as its 
judge. 
Presently, the idea of a
 code of conduct is relevant for another dimension of Middle Eastern 
diplomacy. In the aftermath of what is still called the Arab Spring, new
 regimes are sprouting across North Africa and the Middle East, which 
often contain leaders who identify with the Muslim Brotherhood. In 
Syria, in the post-Assad era, it is likely that even more extreme Salafi
 currents, and in some cases actual branches of al-Qaida, will have 
considerable sway. 
There is a huge debate 
underway in the West about what to do with the Muslim Brotherhood. On 
the one hand, there is an awareness that the leadership of al-Qaida 
acquired its political education under the wings of the Muslim 
Brotherhood, like Ayman al-Zawahiri, Osama bin Laden's successor, who 
started his career in the Egyptian Muslim Brotherhood or Khalid Sheikh 
Mohammed, the architect of 9/11, who grew up in its Kuwait branch. On 
the other hand, there are policymakers in Europe and even in Washington 
who view the Muslim Brotherhood as a more moderate alternative to the 
Salafists.
By establishing 
objective criteria for acceptable state behavior, a code of conduct, if 
carefully designed, can be used as a tool for distinguishing those 
rulers that adhere to its principles from those who renounce them. It 
can be used for establishing who should be "inside the tent" with the 
West and allowed to benefit from international trade, technology 
transfer, and even arms sales; as opposed to those who should be left 
"outside the tent," along with the rogue states. 
Eventually, Kissinger's
 idea of a code of conduct was incorporated into the founding document 
of a European security conference in 1975, known as the Helsinki 
Declaration. Those who adhered to its principles came to what was called
 the Conference for Security and Cooperation in Europe (CSCE). 
Israel agreed to the 
establishment of a Middle Eastern CSCE in its peace treaty with Jordan 
from 1994. If such a conference were convened for the Middle East and 
states had to decide whether they supported its principles, it would 
help to create the foundation for a stable regional order in the future.
 But the West embracing new leaders in the Middle East who refuse to 
meet some minimal international standards is the fastest way to create 
the pre-conditions for international chaos that will increase the risks 
of armed conflict in the region in the future.
Dore Gold
Source: http://www.israelhayom.com/site/newsletter_opinion.php?id=3259
Copyright - Original materials copyright (c) by the authors.
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