Palestinians inspect the rubble of two demolished houses after an Israeli army operation in the West Bank city of Qalqilia. (Khaleel Reash, Maan Images)

The whirlwind of summiteering on climate change, non-proliferation, the economy, and Iran swept the Arab-Israeli conflict off the news - but not before Barack Obama had spoken of a "just, lasting and comprehensive peace in the Middle East." That startling turn of phrase - used just before his trilateral with Mahmoud Abbas and Benjamin Netanyahu - is a throwback to a much earlier era of American peacemaking.

A focus on justice would be a welcome break with the sterile Oslo attempts to strike a deal on land percentages and refugee numbers.

The question is: Who defines what constitutes justice today? In his speech at the United Nations the next day, Obama sounded more like Bush junior, who is not often associated with the rule of law. Obama spoke of "a Jewish State of Israel, with true security for all Israelis; and a viable, independent Palestinian state with contiguous territory that ends the occupation that began in 1967." Instead of achieving justice, this outcome would actually undermine it.

Take the terms "viable" and "contiguous." For some years, these uninspiring words have been appended to "Palestinian state." Imagine a Palestinian declaring "I have a dream: contiguity!" or "I have struggled for 100 years to achieve viability." The Israelis, who've achieved sovereignty, yearn for security and recognition. The Palestinians strive for self-determination, freedom, justice, and equality.

Terms like contiguous and viable hint at an unpleasant truth: that the 42-year occupation may have made free and sovereign statehood impossible. Palestinians could well end up with a state that is viable (economic activity), contiguous (tunnels under illegal settlements and Jewish-only roads), and "independent" (a seat at the U.N.) while Israel maintains ultimate control over policy and resources.

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Obama further undermines equality by speaking of Israel as a "Jewish State" as Netanyahu wants. A Jewish state would continue to privilege Jews over non-Jews and would exclude Palestinian refugees and exiles. And here we come to the crux of the matter. The rights of Palestinian refugees have been at the heart of the conflict since 1948. In fact, this is what justice means to a Palestinian. Can the Arab-Israeli conflict be solved without implementing the right of return? It might have been, in the early, heady Oslo days given Yasser Arafat's stature and the desire by some of the younger generation to build a sovereign state in the occupied territories. But Israel missed that opportunity and Arafat died in 2004, imprisoned in his presidential compound by Ariel Sharon.

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