Let me at the outset express my appreciation that US Secretary of State John Kerry is seeking a breakthrough in the fruitless “peace process” that has been at a standstill for more than two decades. Before the resumption of preliminary talks that start today, July 30, between Israeli Justice Minister Tzipi Livni and chief Palestinian negotiator Saeb Erekat, I would like to offer a few preliminary remarks that might, if taken seriously by the Palestinians, Israel and Kerry, lead to a breakthrough.

First, negotiations as a process should follow an agreement between the parties on the outcome. In other words, negotiation is not and should not be considered a fishing trip to discover the outcome. 

Second, one must ask this question: Has Israel ever admitted that it is an occupying power as defined by the Fourth Geneva Convention? Settlements in the West Bank and the creeping annexation of east Jerusalem are proof that Israel does not consider itself an occupier. The preliminary meeting at the US State Department must clarify Israel’s legal status to avoid falling back into the futile peace process of the last two decades. Notwithstanding Prime Minister Benjamin Netanyahu’s “painful concession,” the Palestinians’ painful experiences since June 1967 include very real suffering, dispossession and brutal oppression.

Third, it must be recognized that Gaza is an integral part of Palestine. Israel describes Gaza as a "belligerent entity." Classifying Gaza as such explains the ferocious attacks on Israel in late December 2008 and January 2009. The fact that Palestinian President Mahmoud Abbas does not even attempt to include Gazans in his negotiating team, let alone representatives from east Jerusalem and the refugees, is a flawed policy.