UNITED NATIONS – On the final day of a three month deadline set by the Quartet – Brussels, Washington, Moscow and the UN – for Israelis and Palestinians to resume bilateral peace talks, Israeli attorney Daniel Seidemann convened an exclusive briefing with the UN Correspondents Association to unveil a grim message he will deliver to President Obama at the beginning of next week: the two-state solution is dead and you are to blame.

Mr. Seidemann, a legal expert on Palestinian-Israeli relations in Jerusalem, has spent the past twenty years lobbying senior-level officials in Washington, Paris, London, Moscow, Cairo and both halves of Jerusalem to broker a two-state compromise which would, if not cure the cancerous conflict eating away at Middle East relations, at least put it into remission.

Cause of Death

“A surge of settlement activity the likes of which we have not witnessed since the early 1970s,” Mr. Seidemann explained, has enabled me “to project with a fair degree of authority what the map of Jerusalem will look like in two years time.”

From that projection two “unprecedented” conclusions can be drawn, he said. First, “the map of Jerusalem will be so Balkanized geographically and demographically that a political division of the city will no longer be possible.”

Second, the White House is for the first time in history completely beholden to Israeli leadership. “During the last six months, my Prime Minister Netanyahu has said in word and in deed, ‘President Obama you have no leverage over me on this issue. I know and you know you will not engage me publicly and probably not privately on these issues until probably after the November elections. I am at liberty to act with impunity.”

The United States’ February 18, 2011 veto of “its own language” on a Security Council resolution condemning settlement activity, together with the defunding of UNESCO a day after Palestine achieved full statehood membership there, reflect Washington’s “colossal trend of self-marginalization” in the peace talks, he said.

Next week, Mr. Seidemann plans to tell President Obama in person that if he chooses to cow to Israeli pressure and ignore the settlements issue until after the November elections, “by the time you get back there may not be anything left to talk about.”

But “short of catastrophe,” he added, “there is not going to be any engagement from Washington until after the elections. And maybe then none.”

A War of Rebirth?

“What I have described here is a state of acute disequilibrium in the Israeli-Palestinian conflict,” Mr. Seidemann said while calling attention to the brewing war next door in Syria. “Having two states of disequilibrium simultaneously creates pressure along the tectonic plates. These things correct themselves in one of two ways: either a new robust political paradigm – which is not in the cards over the next several months – or an armed conflict. I have a feeling that there is a war waiting to break out there to realign things. It just hasn’t decided where it will break out and over what.”

Photo courtesy of REUTERS/Ammar Awad (A general view of a Jewish settlement known to Israelis as Har Homa and to Palestinians as Jabal Abu Ghneim is seen near Jerusalem November 16, 2011. Israel said on Tuesday it will invite bids soon for constructing 814 homes in occupied land it considers part of Jerusalem, pursuing a decision to speed up building in settlements after Palestinians won full membership in the U.N. cultural agency).

REUTERS/Deborah Gembara – Detainees participate in an early morning prayer session at Camp IV at the detention facility in Guantanamo Bay

On New Year’s Eve, President Barack Obama signed into law the post-9/11 practice of detaining terrorist suspects indefinitely without charge. Shock and awe waves rippled through the blogosphere in response to the move, not least because Obama had threatened to veto an earlier version of the bill. Other grumbles included its lack of temporal or geographic limitations, which signaled to some the potential for military detention of anyone, anywhere, anytime.

But despite congressional approval of the well-worn practice, most rights wonks don’t expect any significant change in the frequency or type of indefinite detentions going forward. They do, however, maintain that the practice breaches international humanitarian law and undermines counterterrorism efforts.

One such expert, Martin Sheinin, professor of international law and UN Special Rapporteur on human rights and counterterrorism from 2005 to 2011, spoke with me about the National Defense Authorization Act (NDAA) and its potential to derail US counterterrorism efforts.

The War on Law

To put the controversy in context, Mr. Sheinin explained why Washington supports indefinite detention:

“The NDAA builds upon the well-established rule in international humanitarian law (law of armed conflict) that during an international armed conflict combatants, i.e. soldiers of one of the states involved in the war, can be detained as prisoners of war until the end of hostilities. When there is an international armed conflict and when someone is a combatant, then such detention does not amount to arbitrary detention that would violate international human rights law.”

When the “global war on terror” was waged following 9/11, he said, the possibility of indefinite detention was extended to terrorism, “far beyond genuine situations of international or even non-international armed conflict. And it extends indefinite detention to persons who are not combatants. For instance, persons who are held to have provided substantial support to terrorism would be subject to indefinite detention.”

Against that background, Mr. Sheinan suggested several ways in which violating human rights in the course of countering terrorism can “backfire.” Rights violations can “add to causes of terrorism,” he said, “both by perpetuating ‘root causes’ that involve the alienation of communities and by providing ‘triggering causes’ through which bitter individuals make the morally inexcusable decision to turn to methods of terrorism.”

Further, “these kinds of legal provisions are always open for bad faith copying by repressive governments that will use them for their own political purposes.” Though such copying was found to be less common than expected, “repressive governments may do so for their own political purposes.”

“It is hard to see any practical advantage gained through the NDAA. It is just another form of what I call symbolic legislation, enacted because the legislators want to be seen as being ‘tough’ or as ‘doing something.’ The law is written as just affirming existing powers and practices and hence not providing any meaningful new tools in the combat of terrorism,” he concluded.

With Washington simultaneously fostering democratic transitions across the Middle East and North Africa and gambling on military exits from Iraq and Afghanistan, such “backfires” may well hamper development of the rule of law and respect for human rights when they are needed most.