APPROACHING IRAN: THE FLAWS OF IMPERIAL DIPLOMACY IN THE MIDDLE EAST

28 Jun

[Prefatory Note: This post consists of six segments devoted to relations of the West to Iran, centering on whether the United States post-Trump will attempt to reduce tensions with Iran or opt for continuity, and greater policy coordination with Israel’s new post-Netanyahu leadership. Naphtali Bennett, Israel’s new Prime Minister, has already made clear that he views Iran no differently than Netanyahu, opposes a return to the 2015 Nuclear Program Agreement (JCPOA) and seems to have authorized at unprovoked attack on the Karaj facility on June 23rd that produces centrifuges needed to obtain enriched uranium.

When the U.S. Government withdrew from the hard bargained Obama Era nuclear agreement in 2018 accompanied by a revamping of sanctions against Iran, tensions once again dangerously escalated. Biden pledged as a candidate for the American presidency to restore JCPOA, but has so far shown only a limited commitment to rejoin the earlier agreement, and seems to be insisting on a new agreement that is more restrictive of Iran’s nuclear program and even its regional political activity. The U.S. Government seems to forget that it was its actions that led to the breakdown of the agreement, and that Iran continued to comply for an entire year before embarking upon a more ambitious program of nuclear enrichment, accumulating three tons above the agreed limits, ten times the amount allowed by the lapsed agreement, yet still short of the level of enrichment need to produce nuclear weapons. Six rounds of negotiations have taken place during recent months in Vienna among the five remaining parties to the 2015 agreement (China, Russia, France, UK, Germany) and Iran, as well as indirect negotiations between Iran and the U.S. with the other governments serving as intermediaries.

Authoritative voices from Vienna tell us that an agreement is ‘within reach,’ whatever that may mean, yet they also say its restoration remains uncertain due to Israeli pressures, the recent election of a hardline Iranian President—Ebrahim Raisi, and the American insistence on a longer timeline for the agreement as well as a reported demand that Iran cease its support for ‘terrorist’ entities in the region and reduce its stockpile of enriched uranium.

The Western media fails to understand the relevance of Iranian grievances with respect to its nuclear program, seems totally insensitive to double standards in its reportage, and so the issue is portrayed to the public in an exceedingly misleading manner. Among Iranian grievances the following are especially important: Iran is portrayed as a supporter of terrorism in the region while there is virtually no mention of the blatant pattern of Israel ‘terrorism’ against Iran, and specifically against its nuclear program that has breached no international norms. In the period 2010-2012 four Iranian nuclear scientists were assassinated by Israel: Masoud Alimohammedi, Majid Shahriari, Darioush Rezaeinejad, Mostafa Ahmed Roshan. As recently as November 2020 Iran’s leading nuclear scientist associated with Iran’s program, Mohsen Fakhrizadeh, was killed by a Mossad operation while driving in a car near Tehran. The U.S. has done its share of state-sponsored terrorism: disabling 1,000 centrifuges by cyber Stuxnet attacks back in 2010 and assassinating a leading military and political figure, Qasem Soleimani on January 3, 2020 while he was on a diplomatic peace mission in Iraq. Israel also seems responsible for periodic attacks on the Natanz nuclears facility, as well.

For further contextualization it is well to recall that it was Trump who ruptured JCPOA when it was working well, which was confirmed by assessments of U.S. intelligence reports. Maybe even more important was the U.S. failure to object to such Israeli violation of Iranian sovereign rights, as well as aggressive acts that violated the basic norms of the UN Charter, as well as to curb its own recourse to overt and covert violations of Iran’s legal rights.

Despite this abusive pattern Iran refrained from challenging the existence of Israel’s nuclear weapons arsenal, or even coupling its commitment to refrain from acquiring the weapons or even the capability to produce the weaponry with a demand for a Middle East Nuclear Free Zone. This pattern should remind us that Western colonialism is largely dead, yet Western imperialism persists almost undetected by the normative radar by which international behavior should be judged. Antony Blinken’s ‘rules-governed’ international order has some gaping black holes, and Iran continues to be victimized in the process, while Blinken’s silence is totally overlooked.

Finally, two statements indicative of Israel’s rogue behavioral ethos toward Iran. The Defense Minister, and alternate opponent of Netanyahu, Benny Gantz speaking on June 24, 2021 put his view of Iran in direct language: “..a murderous and dangerous enemy, building arms of terror around the State of Israel, seeks to acquire a nuclear weapon to threaten Israel, and the stability of the entire region.” Iran’s ‘arms of terror’ presumably contrast with Israel’s ‘weapons of self-defense,’ such are the distortions of hegemonic political discourse. Allon Ben David writing in Ma’ariv on the same day as Gantz spoke was engagingly candid in masking Israeli embrace of terror as a peacetime tactic: “..the Mossad and IDF will contribute in their quiet way part of the effort to delay Iran’s quest for nuclear weapons.” The word ‘quiet’ is code talk for ‘secret,’ and the quiet work consists of killing scientists and planting explosives in Iran’s nuclear facilities, or even sending drones on armed missions carried out in Iranian or Syrian territory.

Two interviews are also included that address Iranian leadership issues. It is almost comical that one hears shouts of indignation about an extremist leader being elected in Iran, whereas discussing Bennett’s extremist support of the unlawful encroachment of Jewish settlements on occupied Palestinian territories or refusal to support the establishment of a sovereign and independent Palestinian state is hardly mentioned, or set off against Biden’s endorsement of a two-state solution.]

APPROACHING IRAN: THE FLAWS OF IMPERIAL DIPLOMACY IN THE MIDDLE EAST

(1) Responses of Richard Falk to Interview Questions of journalist Niloofar Adibnia (19 April 2021)

What is your analysis of the Vienna meeting?

The so-called ‘indirect talks’ in Vienna likely have several distinct goals. (1) Holding the talks include the purpose of involving the four other P5 (Permanent Members of the UN Security Council and Germany) in the process of restoring American participation in and Iranian compliance with the Joint Comprehensive Program of Action, known as JCPOA, and also, as the ‘5 +1 Agreement’; the U.S. and Iran separately interact with representatives of these five governments, which in turn inform U.S. and Iran, which then in turn provide responses; it is a dialogue with intermediaries; (2) The indirectness of the process allows each side to make an assessment as to whether it is worth the risks of international failure and domestic backlash as a result of disagreements as to the respective expectations of the two sides in a high profile diplomatic effort at restoring JCPOA along the lines of its original character in 2015; (3) The Vienna process also should be helpful in identifying sticking points with respect to the removal of sanctions on Iran, the restraint of Iranian regional diplomacy in the Middle East, and any further adjustments such as reparations for ‘nuclear terrorism’ or agreed ceilings on uranium enrichment, allowing both countries to decide how serious these gaps are.

Will the Vienna Summit Lead to the Revival of the Nuclear Deal?

I think part of the purpose of the Vienna talks is to allow the parties to determine whether the timing is right at present for a renewal of JCPOA. The U.S. is under pressure from Israel, and some Arab states not to participate again within the JCPOA framework unless new burdensome conditions are imposed on Iran. On its side, Iran is likely unwilling to alter its enrichment levels without assurances that ‘nuclear terrorism’ will be treated as a criminal disruption in the future, and appropriate steps taken including reparations. Iran may also insist upon unconditional removal of sanctions in view of its experience during the Trump presidency. In opposition, Biden may insist on flexibility with respect to sanctions relief in the event that Iran enriches uranium beyond agreed levels.

Will the US lift sanctions?

I think the sanctions will be lifted by stages if Iran agrees to return to the 2015 enrichment levels, and perhaps, agrees to transfer any stockpile of enriched uranium beyond these levels in the aftermath of the U.S. withdrawal in 2018 to an international depository or placed in a depot subject to periodic inspection by the International Atomic Energy Agency. The nuclear agreement is not likely to become again operative unless the U.S. sanctions are completely removed. It is assumed that Iran learned its lesson of relying on the U.S. commitment to lift sanctions when Obama was president, while experiencing their reinstatement in harsher form when Trump became president. Undoubtedly, this sequence partly explains the discrediting of the so-called ‘moderates’ in Iran and their replacement by the ‘hardline’ faction, making diplomatic de-escalation seem somewhat more problematic

Do you think the nuclear deal will be revived?

It seems as though there exists a political will on both sides to proceed cautiously in that direction, with the intention of reviving the 2015 arrangements regulating Iran’s nuclear program. Whether this political will is strong enough on both sides remains to be seen as does whether some of the issues turn out to be non-negotiable, and hence deal breakers. Such include enrichment ceilings, treatment of ‘nuclear terrorism. There is also some uncertainty arising from domestic politics in both countries. Will Biden give priority to satisfying Israeli concerns or to reaching a major diplomatic goal of reviving JCPOA? Will Iran insist on a clear pledge of unconditional irreversible removal of the sanctions?

Is there a determination to keep the nuclear deal alive?

I think there is a widespread desire on both sides to give renewed life and relevance to the nuclear agreement,
But there are competing forces on both sides that are more ambivalent about the agreement or are even opposed to its existence. At this point it is difficult to determine with any confidence whether the pro-agreement forces in both countries are strong enough to withstand pressures from anti-agreement forces. The impact of other issues may turn out to be decisive. Will the Natanz attack harden Iran’s demands or soften the U.S. diplomatic stance? So far the indications are not encouraging, and even less so after the Karaj attack on Iran centrifuge production facility. The American Secretary of State, Antony Blinken, has called Iran’s lifting of the enrichment ceiling from 20% to 60% as ‘provocative’ without putting forth the slightest gesture of criticism of its Natanz attack, widely presumed to have been carried out by Mossad operatives acting on Israel’s behalf.

Will Iran return to full implementation of its nuclear obligations in the nuclear deal?

I cannot imagine the revival of JCPOA unless Iran agrees to comply, and maintains compliance. The more important question is whether Iranian compliance requirements will be set by reference to the initial standards agreed upon in 2015 or whether there will be new standards reflecting intervening developments and to some extent negotiating demands accepted, and. going into effect when the agreement is again operative.

what is your analysis about sabotage on natanz? can it derail vienna negotiation?can it lead to war?

It would seem that Israel intended the attack on the Natanz underground facility as a provocation that would by inducing a major Iranian retaliation and make progress in the Vienna talks problematic. Some have thought that the attack was only designed to give Israel a seat at the Vienna table. The attack should be internationally condemned as a form of ‘nuclear terrorism’ as well as a serious violation of Iran’s sovereign rights. The relative international silence, including by the IAEA is disappointing, and the Blinken response referred to above is unacceptable.

I do not think this event will lead either to the breakdown of the Vienna indirect talks or to regional war, although both possibilities certainly exist. It may delay reaching an agreement in Vienna, and has already raised regional tensions. My view is that with tensions rising in relation to China and Russia, the U.S. will not irresponsibly escalate the conflict dimensions of its relations with Iran, but there are many surrounding complications that
make such speculation unreliable.

We can only hope that peace-oriented pressures on both sides hold sway, and JCPOA again becomes operative. Many will hail this as a diplomatic breakthrough if this happens, and when sanctions are removed, Iranian societal life will benefit greatly, improving the regional and international atmosphere.

(2) Responses of Richard Falk to Amir Mohadded Ismaeli Questions for Mehr News Agency (April 14, 2021)

Q1: Who’s behind Natanz sabotage?

At this point, we have only the uncontested reports that Israel is responsible, having virtually confessed as much. Apparently Israel used Mossad to carry out the attack on the Natanz underground nuclear enrichment facility on April 10, 2021. The attack came only a day after new more advanced cetrifuges began operating at Natanz. The attack took the form of a major explosion 65 meters below the ground. The explosives used are believed to have been smuggled past security guards by being sealed within a steel table and then detonated from a remote location. The complete destruction of the power distribution supply system used to make the centrifuges work has been confirmed as the main damage. It has been estimated by Israelis that it might take Iran as long as nine months to make the facility operational again.

The United States has officially declared that it had no role in this act of sabotage, but it is hard to believe that Washington did not have advance knowledge, and there is no evidence of any attempt to prevent the attack from being carried out or complaints after the fact. Israel leaders although evasive, seemed to justify the attack as part of the country’s defense against the controversial assumption that despite Tehran assurances, Iran is developing the capacity to produce nuclear warheads that could be attached to missiles or rockets, posing dire threats to Israeli security. Iran continues to deny that it is seeking a nuclear weapons capacity. Iran’s Foreign Minister, Javad Zarif, has vowed unspecified ‘revenge’ for the attack on Natanz, but there is no indication that this is meant to signal a reversal of Iran’s policy toward the acquisition of the weaponry.

In the background, is the reality of Israel’s nuclear weapons arsenal that seems to stay below the radar of proliferation concerns and overlooks Iran’s reasonable apprehension of what this could mean in the future for its own security.

Q2: In your view, what purposes are behind this sabotage?

On the basis of circumstantial evidence, contrary to the posture taken by Israel that the Natanz incident was directed at slowing Iran race to the nuclear weapons threshold, I believe the attack had as its primary purpose, a provocation designed to escalate tensions between Iran and Israel, and encourage the U.S. to stick with the Trump approach to relations with Iran. More immediately, the attack is sure to complicate current efforts in Vienna to create the conditions leading to the resumption of U.S. participation in JCPOA through direct negotiations. As is widely understood, Iran has been demanding that its compliance with JCPOA depends upon an American commitment to terminate the sanctions imposed during the Trump presidency in conjunction with its unilateral U.S. withdrawal from the nuclear agreement in 2018.

This hypothesis of provocation is reinforced by the highly belligerent statements made by Netanyahu when asked about the Natanz attack. Instead of a denial or even a claim of Israeli worries, he chose to treat the relationship between the two countries as a relation between two enemies poised to destroy one another. He is quoted as claiming that the ‘fanatical regime’ governing Iran without doubt intends to acquire nuclear weapons so as to destroy Israel in pursuit of their ‘genocidal goal of eliminating Israel.” Netanyahu added that Israel would continue ‘to defend itself against Iran’s aggression and terrorism’ as if Iran was the provocateur. Such language offers an official indirect justification for what happened an Natanz, as well uses warlike language of implacable hostility.

I suspect that Israel by such high-profile sabotage and incendiary language is doing its best to tie the hands of the Biden presidency, agitate pro-Israeli sentiments in the U.S. Congress and Western media. The secondary objective is to obstruct the Iranian nuclear program, which is consistent with such past acts of aggression as the disabling of centrifuges through the insertion of the Stuxnet virus back in 2010 as well as through targeted assassination of leading nuclear scientists, including Iran’s leading nuclear specialist, Mohsen Fakhrizadez in November 2020. This pattern of covert violence has long violated Iran’s sovereign rights and has been understandably denounced by Iranian officials as ‘nuclear terrorism.’

What is uncertain at this time is whether Israel will commit further provocations, how Iran will react, and whether the United States will take the bait, and either delay JCPOA negotiations or demand Iranian compliance with new conditions beyond the original agreement before it lifts or even eases the sanctions or resumes its own participation.

Q3: Do you think there is a coordination between the US and Israel for implementing the sabotage?

It is difficult to say. There is some reason to believe that if there was such coordination it would not be necessary for Israel to take the risks arising from such serious provocations. As with the Obama diplomacy that led to the agreement in 2015, there are differences between the U.S. interest in regional stability and the Israeli determination to keep destabilizing Iran so as to realize at some point its undisguised goal of regime change.

At the same time, with the COVID challenge uppermost as a policy priority for Biden, there may be some level of coordination, involving reassurances to Israel that it will not make things easy for Iran with respect to the sanctions or JCPOA. Biden seems eager to avoid diversionary issues in America that would allege that the U.S. is failing to uphold reasonable Israeli security demands.

As of now, resort to the ‘indirect talks’ in Vienna suggest that both sides are proceeding cautiously, keeping their options open. The next month or so will make clearer whether the U.S. will separate its search for normalization with Iran due to pressures arising from its special relationship with Israel or will pursue a diplomatic course in accord with its national interest. It will never be able to satisfy Israel and reach a negotiated agreement with Iran. It must choose, and hopefully opting for peace and diplomacy rather than coercion and hostility.

Q4: Some scholars believe that the International Atomic Energy Agency and JCPOA parties should clarify their stances and condemn this sabotage, as it’s been done while Iran has been trying to revive the agreement in Vienna. What do you think?

I do believe that if an investigation confirms Israeli responsibility for the Natanz attack it should be condemned by the International Atomic Energy Agency and by the parties to JCPOA (that is, the five Permanent Members of the Security Council and Germany). Such a step would be a major step toward depoliticization of regional tensions, and offer some hope that the current crisis atmosphere can be overcome. What is being called ‘the shadow war’ between Israel and Iran is dangerous and every effort should be made to end it. It also should be acknowledged as widely as possible that Israel has the main responsibility for recourse to this surge of war-mongering propaganda and acts of aggression that violate international law and the UN Charter. The UN should stop watching such dangerous and unlawful events in a spirit of silent detachment, and take its own Charter responsibilities seriously.

(3)Zahra Mirzafarjouyan interview questions, May 30, 2021, Mehr News Agency

1- An Israeli leader described Islamic revolution as “earthquake of century”. What have been the effects of the Imam Khomeini-lead revolution in the region that worried Israelis?

Imam Khomeini made clear his opposition to Israel and the Zionist Project of establishing a Jewish state inside the Islamic World, although he was also clear that he regarded Judaism as an authentic religion deserving respect. When I had a meeting with Imam Khomeini in Paris days before he returned to Iran, he said explicitly that so long as Jews were not active in supporting Israel, it would be ‘a tragedy for us if they left Iran after the revolution.’ His outlook was anti-Israeli, but not anti-Semitic.

I am not familiar with this quote although it makes sense. Israel had enjoyed positive relations with Iran during the period of the Shah’s rule. The Islamic Revolution was perceived as an immediate threat to Israel because it sought to reclaim political control for the ancestral peoples, long resident in the region under the auspices of a political movement espousing Islamic principles and opposed to all forms of secular and Western penetration, especially in the form of a settler colonial state. And such a movement had successfully challenged the Pahlavi regime in Iran, which had the most elaborate modernized internal security apparatus in the region. If it could in Iran, it was supposed that such revolutionary movements could and would succeed elsewhere in the region.

Whether ‘earthquake of the century’ is an overstatement can be discussed, and challenged. It competes with the Russian and Chinese Revolutions and the rise of Hitler, World Wars I & II as alternative candidates for such an assertion. Possibly, seen in the context of the Middle East, and from the perspective of Israel, it was seen as an extreme disruptive event, with an anti-Israeli mobilizing potential that would influence the peoples of the region, and at the same time deprived Israel of its most sympathetic support as centered previously in Iran.

2- What features of the Islamic Revolution have worried the western powers?

I suppose the most worrisome aspect of the Islamic Revolution from the perspective of the West was its resolve to eliminate all forms of Western influence—geopolitical, political, economic, and cultural. In this sense, the events in Iran could be interpreted as anti-imperial as well as anti-colonial, that is, not only opposing European colonialism but its sequel taking the form of the project of U.S. influence in strategic partnership with the hostile regimes and Israel.

A second source of concern was the rejection of Western ideas about governance and the place of religion in the life of society. Western ideas of political legitimacy rested on a premise of separating church and state, while the Islamic Revolution favored their organic connection, giving primacy to religious leadership, although accompanied by a political sphere that was legitimated by periodic free elections.

Other issues involved imposing religious traditions contrary to Western cultural ideas. This can be observed, especially, in relation to the dress and appearance of women, and with respect to education, social life, and entertainment.

The West celebrates ‘freedom’ by reference to social practices, including music, consumption of alcohol, pornography, and tolerance of anti-religious ideas. It perceived Iran after the Islamic Revolution as prohibiting what in the West were regarded as achievements of the Enlightenment and modernity.

In the end, the most fundamental opposition to the Islamic Revolution arose from the belief that political Islam would be resistant to Western penetration and hegemonic control after the collapse of European colonialism, and thus threatened crucial Western strategic interests, including access to energy, security of Israel, ideological anti-Marxist solidarity, and neoliberal globalization.

3- How do you see the role of Imam Khomeini in uniting the Muslim world?

I believe that Imam Khomeini had a major impact in demonstrating to the Muslim world
the mobilization of national populations could be effective in challenging corrupt and decadent forms of political leadership. It gave rise to Islamic activism and extremism, which in turn produced Islamophobic reactions in Europe and North America. Iran itself
opposed such Sunni extremism associated with ISIS and the Taliban as in Syria, Iraq, and Afghanistan.

Imam Khomeini has so far failed in uniting the Muslim world, especially if measured by the outlook of governing elites. Indeed, it seems more reasonable to conclude that his
Influence has led to deeper divisions and a rise in sectarian rivalries, especially in the Middle East. Imam Khomeini was as opposed to the Gulf dynasties, especially Saudi Arabia, than he was about Israel, secularism, and Western influence. In turn, these conservative monarchies, although purporting to adhere to Islamic law and practices,
were severely threatened by populist advocacy of an Islamic orientation of government. It is no secret that Gulf monarchies, along with Israel, opposed the rise of the Muslim Brotherhood anywhere in the region, especially Egypt. Islam from below, as in Iran, was
consistently opposed by Sunni elites in the region.

4- Imam Khomeini always hated compromising with arrogant powers and Zionists and believed in resistance. How has the culture of resistance been able to change the balance of power in the region?

Except for Iran itself, I do not see any shift in the balance of power in the region arising from Imam Khomeini’s support for a culture of resistance. It could be argued that the Arab uprising of 2010-11 reflected a certain influence of the Imam and the Iranian experience of revolutionary success inspired people to act collectively in mounting challenges to the status quo. Even if this is so it must be offset by counter-revolutionary moves that followed these uprisings, producing chaos in Yemen, Libya, Syria, and intensifications of the harsh rule of Arab monarchies. It may be correct that Western influence has somewhat declined, and is being now challenged by other extra-regional forces, China and Russia. These changes are affecting the role of global geopolitics in the Islamic world, but I don’t associate these developments with manifestations of a culture of resistance.

Iran’s foreign policy has enjoyed a measure of success in Lebanon, Palestine, and above all, Syria, but it seems premature to speak of a new balance of power in the region. The Palestinian resistance is the most impressive example of a culture of
resistance that is active in the region. Although the Palestinian struggle has been led for 20 years by Hamas, its movement of resistance seems remote from any direct influence by Imam Khomeini, whom I believe would be disappointed that his legacy has not extended beyond Iran.

(5) Responses of Richard Falk to Questions posed by Javad Arab Shirazi(May 9, 2021) (Press TV)
Q#1: Leader of the Islamic Revolution Ayatollah Seyed Ali Khamenei on Friday marked the International Quds Day, voicing confidence that the downward movement of the Zionist regime has already started and “it will never stop”. What do you think?
I agree with the Supreme Guide of the Islamic Republic of Iran that the Israeli apartheid state has suffered a series of defeats in the symbolic domain of politics in the first months of 2021: the preliminary decision of the Pre-Trial Chamber of the International Criminal Court (ICC) that the Prosecutor possesses the legal authority to investigate allegations of Israel’s criminality in the West Bank, Gaza, and East Jerusalem that occurred after 2015; influential reports by the Israeli NGO, B’Tselem and by the leading U.S. NGO, Human Rights Watch conclude that the practices and policies of Israel throughout Israel and occupied Palestine constitute the international crime of apartheid; and significant worldwide increases in global solidarity initiatives in support of the Palestinian struggle for basic rights, including the inalienable right of self-determination enjoyed by every people.

These symbolic advances suggest that Palestine is winning the Legitimacy War fought between Israel and Palestine over the relative legal, moral, and spiritual entitlements in their struggle. The record of the struggles against colonial rule since 1945 suggest that the side that prevails in a Legitimacy War eventually controls the political outcome. In this respect, the statement of Ayatollah Khamenei about a downward Israeli spiral accords with the flow of history.
At the same time Israel will not easily accept defeat. It has tried to deflect attention by accusing individuals and even institutions, such as the UN and ICC, of being ‘antisemitic.’ This is a display of ‘the politics of deflection.’ Such deflection attempts to wound the messenger rather than heed the message. Israel also enjoys the geopolitical backing of the United States and to a lesser extent, the European Union, and has benefitted from ‘the normalization agreements’ reached in 2020 with several Arab governments as encouraged by the Trump presidency during its last months. These factors suggest that it will be a difficult and likely prolonged struggle.
In the meantime, the Palestinian people are being severely subjugated in their own homeland, including ever since the Nakba in 1948 being victimized by ethnic cleansing on a massive scale. It is necessary to appreciate that symbolic successes do not translate immediately into substantive results, and often have the opposite short-term effects because the oppressor senses its vulnerability. Such an experience is currently the fate of the Palestinian people.

Q#2: The Leader said the policies of the oppressive and cruel capitalism “have driven a people out of their homes, their homeland and their ancestral roots and instead, it has installed a terrorist regime and has housed a foreign people therein.” What are your thoughts on this?
My response to the prior question addresses this language on the level of the existential suffering of the Palestinian people within and outside their homeland, including in refugee camps in neighboring countries and through the dispersion of Palestinians in involuntary exile around the world.
I think that the abuses of capitalism are not essential aspects of the basic crimes of displacement and oppression of the Palestinian people so as to enable the Zionist Project to succeed in establishing a Jewish state in the Palestinian homeland. These crimes are virtually acknowledged in Israel’s Basic Law of 2018. Capitalist patterns of exploitation of Palestinian labor and resources are part of this overall picture but incidental to the apartheid and colonial structures that exert comprehensive control over Palestinian activities.

Q#3: “Today, the situation in the world is not like those days. We should keep this reality within sight. Today, the balance of power has swung in favor of the world of Islam. Various political and social incidents in Europe and in the United States have laid bare the weaknesses and the deep structural, managerial and moral conflicts among westerners. The electoral events in the US and the notoriously scandalous failures of the hubristic and arrogant managers in that country, the unsuccessful one-year fight against the pandemic in the US and Europe and the embarrassing incidents that ensued, and also the recent political and social instabilities in the most important European countries are all signs of the downward movement of the western camp”, the Leader said. What do you think?

There is much evidence of Western decline as the quoted language of Ayatollah Khamanei suggests, but the world future remains obscure. Historical tendencies appear to favor the rise of Asia and a more multipolar world order. There are also indications of Western, particularly U.S. decline, as in its handling of the COVID pandemic and prolonged failure to update and improve the quality of its infrastructure, spending excessively on armaments instead of investing
in a sustainable and equitable future.

Yet there are some contradictions that prevent any assured image of the future. At present, there are prospects of a dangerous confrontation between China and the United States, which could confirm Chinese ascendency or lead to regional conflict, and possibly wider tensions in the form of a second cold war. It is also possible that prudence and humane judgment will lead to a geopolitics of accommodation, allowing proper attention being given to managing global challenges of unprecedented magnitude.

It is not clear to me that the Islamic world can escape from the constraining logic of statism, particularly in the Middle East where sectarian strains and regional rivalries appear stronger at present than religious and civilizational bonds.

There is also uncertainty arising from the novelty of global scale challenges amid many inequalities causing both impulses toward cooperation and withdrawals from internationalism in the form of exclusive forms of statism. The modern world system has never been challenged as a totality by anything like climate change in the past, and whether it has the flexibility and resilience to adapt remains to be seen, although the evidence to date is not encouraging. The failures to suspend sanctions during the pandemic in response to humanitarian appeals and the vaccine diplomacy emphasizing profits over people that accompanied the COVID suggest that the political elites have not caught up with history, and are ill-equipped to conceive of national wellbeing beneath the bluer skies of human wellbeing.

There is a need for forward-looking global leadership that is informed by a commitment to the global public good. It may be that this leadership could emerge from below, from a transnational movement animated by a struggle for ecological balance and species identity.
Instead of patriots of the nation or state, patriots of humanity; instead of entrepreneurs for profit, guardians of nature. New values and new identities to sustain a responsible anthropocentrism.

(5)Interview Questions from Javad Arabshirazi, Press TV on domain seizures (June 23, 2021)

Q#1: In what seems to be a coordinated action, a similar message has appeared on the websites of a series of Iranian and regional television networks that claims their domains have been “seized by the United States Government.” The notice, which appeared late Tuesday on the website of English-language television news network Press TV as well as a number of other Iranian and regional news channels, cited US sanctions laws for the seizure and was accompanied by the seal of the Federal Bureau of Investigation (FBI) and the US Department of Commerce. What is your take on this?

A#1: It is important to recall that a similar seizure of Iran-related news sites occurred on October 7, 2020. It was justified at the time as the implementation of U.S. sanctions and directed at preventing alleged dissemination of ‘disinformation.’ It was further claimed that the step was taken in response to threatss to U.S. national security and its ‘democratic process.’ Significantly, the identification of the seized website domains was a result of cooperation between the U.S. Government and the high tech giants Twitter, Google, and Facebook. Such a move was seen in 2020 as an effort to increase pressure on Iran by way of improper interference with its sovereign rights, an intensifying of coercive pressures.

The rationale of this latest phase of domain seizures repeats the earlier pattern of justification, again with accusations that these supposed Iranian news outlets were disguised governmental operations that used their media platforms to subvert democratic procedures in the United States. Again this time the seizures were presented as implementations of the U.S. sanctions procedures. The timing is suspicious, coming a few days after a new Iranian president, Ebrahim Raisi, was elected and just prior to the resumption of a seventh round of talks in Vienna to negotiate indirectly the restoration of U.S. participation in the Iran Nuclear Program deal of 2016 coupled with a phasing out of the sanctions.

These developments raise crucial questions about motivation and goals: does it reflect Israeli influence designed to prevent restoring U.S. participation in and Iranian compliance with the JCPOA, the technical name of the nuclear deal? Or is it a reaction to the outcome of the Iranian presidential election, which resulted in a landslide victory for a candidate presented as hostile to the West, and particularly to Israel and the United States? Perhaps, the best answer is to postulate a combination of factors. It should be noted that an American spokesperson for the government in Washington claims that the election of Ayatollah Raisi is not relevant to the Vienna diplomacy as whoever was president of Iran, it was asserted, the final decision on such issues of vital policy would be made not by an elected official but by the Supreme Guide, Ayatollah Ali Khamenei.

Q#2: Do you believe that the move shows Washington’s selective view towards freedom of speech and democracy?

A#2: If the seizures turn out to be official acts of the U.S. Government, it would express a serious moral hypocrisy and double standards, and unlawful encroachment on sovereign rights. The U.S. seeks to control the public discourse on matters of international concern, especially if part of the background is conflict and strife as here. There are also in the U.S. ongoing struggles behind the scene between moderate and hardline attitudes toward Iran, which also reflects degrees of direct and indirect Israeli influence. The more aggressive tendencies opposes moves toward normalization, favoring high tensions. Having one-sided presentations of conflictual situations tends to inhibit compromise and normalization of relations among states, producing an atmosphere of might makes right.

Q#3: The US is in possession of the mainstream media and can easily change and distort narratives around the world. What has irked the US government? Why do you think a TV network like Press TV should be seized by the US government?

Control of the political narrative is an important dimension of geopolitics in the digital age. Fake news and manipulation of reality are coercive means if deployed in uncontested political settings. By shutting down Press TV the US is attempting to deprive Iran of its capacity to challenge hostile propaganda, and put forth its own counter-narrative of controversial events, and more generally of peace, justice, and democratic governance. In effect, being able to exercise monopoly control of media platforms is a crucial representation of power, as important in some settings as guns and missiles. Underneath this manipulation of information is an extremely dangerous tendency to substitute one-sides propaganda for truth and dialogue.

Why Biden Must Win: It is not about Democracy, its about Fascism

9 Oct

[Prefatory Note: Responses to an Iranian journalist, Javad Heiran-Nia Interview Questions on U.S. Elections (8 Oct 2020).]

Why Biden Must Win: It is not about Democracy, its about Fascism

  1. What is the most important issue affecting the upcoming US presidential election? (Economy; Foreign Policy; Domestic Policy; etc.)

For the voters in America the most important issues at this time are the (mis)management of the health crisis by Trump and the impact on the recovery of the U.S. economy. At this point there is a surge of criticism directed at the present U.S. leadership with respect to the Coronavirus pandemic: more infections and deaths per capita than almost any country in the world, intentional disregard of guidance by health specialists, dishonest and irresponsible reassurances, and economic relief favoring the rich and influential while understating the economic distress caused others by the loss of jobs, food insecurities, and threats of eviction. There is little interest, at least up to this point, in foreign policy with the single exception of international economic relations and geopolitical tensions with China. Both candidates for the presidency seem to adopt anti-Chinese positions, but Biden seems less militaristic and provocative than Trump. Biden refrains from blaming China for the virus, and seems somewhat less likely to embrace a strategy in East Asia that will lead to a second cold war.

For the peoples of the Middle East and elsewhere, the foreign policy implications of the elections assume greater importance. As with China, Trump seems more inclined than Biden to push the anti-Iran coalition of Israel, UAE, Bahrain, and Saudi Arabia toward the brink of war, with the hope that the persistence of ‘maximum pressure’ will cause destabilization in Iran, and if possible, regime change. Biden would not likely change very much in terms of alignment, but might be expected to be more cautious in endorsing aggressive policies, and might even restore the agreement on Iran’s Nuclear Program negotiated toward the end of the Obama presidency. At the same time, Biden might be more inclined than Trump to push an anti-Russian approach that could take the form of regional and global confrontations, as well as arms races in the Middle East, Central Asia, and Europe.  

One cost of such foreign policy initiatives is to weaken the attention given to challenges  that can only be solved by multilateral cooperation at a time when it is most needed, especially in relation to climate change, the control of nuclear weaponry, migration flows, and health issues. As noted above, Biden is much more likely to renew American support for ‘liberal internationalism’ than Trump, and can almost certainly be expected to do so unless geopolitically distracted.

There are other hot spots around the world that are capable of generating dangerous foreign policy crises, especially in relation to Korea or India/Pakistan.

2. Which candidate has the best chance of winning? (Trump or Biden)

As of now, it appears that Biden will win the election rather decisively, but in 2016 there existed a comparable clear outlook close to vote, reinforced by public opinion polls. It created a strong impression that Hillary Clinton would win easily over Donald Trump, a view almost universally shared by the media, and reportedly even by the Trump campaign. The American political mood is unstable, and could be influenced by developments in the coming weeks as the date of the election approaches that are supportive of Trump’s campaign for reelection as, for example, violent riots in American cities, a further surge in the financial markets, a crisis in the Middle East or the Korean Peninsula. .

Additionally, there are a series of factors that sow doubt about present expectations of a Biden victory that go beyond which candidate will gain the most votess: first of all, Biden could win the popular vote by a wide margin, and yet lose the election because of the way in which the peculiar American institution of the Electoral College determines the outcome of presidential elections by counting the results on a federal state by state basis rather than nationally. This happened in 2016, Hillary Clinton winning by wide margins in New York and California, but losing close votes in such battleground states as Pennsylvania, Florida, and Michigan. According to the Electoral College a candidate receives the same number of electoral votes assigned to a state if he wins by one vote or 10 million votes. The value of the vote in states where one party dominates, an individual vote becomes of diluted value, whereas if both parties are more or less of similar popularity, the value of an individual vote is inflated. The question posed is whether the Electoral College vote will again override the popular vote as it did in 2106.

Secondly, it is well known that Republican control of governments in the 50 states making up the U.S. has resulted in a variety of voter suppression schemes that make it harder to vote, and particularly affects African Americans and the very poor, making voting more difficult i cities and the rural South. Trump has also attacked mail-in voting as subject to mass fraud although the evidence in no way supports the accusation. Less votes are seen as helping Trump. Republicans are better organized and more disciplined than Democrats, although the Democrats have devoted great energy this year to getting out the vote.

Thirdly, Trump has intimated that he can only lose the election if it is has been ‘rigged’ by the Democrats. The reality seems to justify a different complaint that targets the Republicans. Much of the rigging that occurred in 2016 was attributable to Russia, and definitely worked in Trump’s favor, being intended to do so. Back then such partisan interference seemed welcomed by the Republican campaign, and likely would be again.  There are concerns that similar interferences might occur again this time around as Russia continues to prefer Trump to Biden, although there seems to be a greater effort in 2020 to insulate the election process from outside interferences, especially in relation to social media.

It is important to grasp a basic ideological feature of recent American elections of the presidency. Ever since the unified response to fascism during World War II the political parties have accepted a ‘bipartisan consensus’ that almost completely excludes certain crucial policy commitments from political controversy. The most important of these is overinvestment in the military, the predatory features of global capitalism, and so-called ‘special relationships’ with Israel, Saudi Arabia, and European alliance partners. This consensus held up throughout the Cold War, was sustained during the banner years of neoliberal globalization in the decade of the 1990s, and reinvigorated after the 2001 attacks on the World Trade Center and Pentagon after George W. Bush launched the war on terror, and Barack Obama continued it. 

Bernie Sanders challenged this consensus as it impacted upon policy discourse during his two campaigns to obtain the Democratic Party nomination, but his efforts were rejected by the party elite because he threatened the consensus, defied the ‘deep state,’ worried the Washington foreign policy establishment, and frightened the large private sector donors whose funding support depended on respecting the bipartisan consensus. In this sense, the Democrats successfully subordinated in their own party all radical elements that enjoyed movement support, especially among youth. The Republicans sidelined their moderate leadership, giving over control of the party to extremists that formed the base of Trump support. And so while the Democratic Party establishment neutralized the progressive Sanders’ challenge the Republican Party was radicalized from the right giving Trump control over all mechanism.

In part, it is this issue of party identity, and its relation to the governmental structures of power, that may be the most important effect of the November elections. If Biden wins, the bipartisan consensus is reaffirmed, while if Trump somehow prevails, the bipartisan will be further weakened, and even threatened by replacing the consensus with a right-wing policy agenda. If Biden loses, the consensus will be further discredited by its mistaken view that moving toward the political center is what wins election. What evidence exists by polls and other measurements of public opinion suggest that Sanders would have been a stronger candidate than Clinton in 2016 and Biden in 2020, but for reasons suggested above, adhering to the bipartisan consensus was more important or Democrats than winning elections. 

  •  

Governing Gaza After Genocide

4 May

[Prefatory Note: Responses to questions posed to Richard Falk by Rodrigo Craveiro of CORREIO BRAZILIENSE on May 4, 2024 as yet unpublished.].


1–Israeli officials are weighing sharing power with Arab states in postwar Gaza. How do you see that? And would you say Palestinians would accept such format?

Such a format seems like nothing more than a cover for continued Israeli governance of Gaza. The governments of Egypt, Saudi Arabia, and the UAE are more opposed to Hamas (and Iran) than to Israel, fearful of their own stability in relation to populist Islamic actors. This reality is reinforced by the fact that the majority Arab populations in these three countries are strongly in support of the Palestinian struggle for basic rights, and totally opposed to Israel’s reliance on genocidal tactics in Gaza since October 7.

The Palestinians who are represent the forces of resistance to continuing Israel occupation have been strengthened by the post-Octobe 7 Israeli retaliatory campaign and would certainly not accept such a format except under the most extreme coercion, such as possiblly to avert a murderous attack on the crowded city of Rafah now sheltering over a million Palestinians under horrifying conditions. Even though collaborationist Palestinian elements centered in Ramallah mighta be tempted by such a format if given a renewed role in the governance of Gaza. Any such arrangement if accepted in the present context would give rise to a tidal wave of violent resistance on the part of many Palestinians.

2–  Israel would offer to share oversight of the Gaza with an alliance of Arab countries, including Egypt, Saudi Arabia and the United Arab Emirates, as well as the United States. How do you see that?

As indicated above, I see this kind of proposal as a non-starter unless coupled with a clear path to Palestinian statehood encompassing the West Bank and Gaza, with its capital in East Jerusalem. And even then, the Palestinian state would be accepted by legitimate representatives of the Palestinian people only if reliably assured of equal sovereign rights to those of Israel and reparations and other funding sufficient to rebuild devastated Gaza. An abridged Palestinian state by way settler enclaves, diminished territory, demilitarized security, and borders monitored by Israel would not be acceptable, and if accepted out of desperation, would not be long viewed as legitimate by Palestinians, giving rise to renewed struggles to overcome such constraints on sovereignty.

3– And how do you analyze this spreading of pro palestinian protests throughout US and now in Paris? What will be impact of that?

The outbreak of widespread protests in favor of the Palestinian struggle exhibit growing frustration with the complicity of the US Government with what a large proportion of younger Americans believe is a case of clear Israeli genocide, and with obstructive efforts at the UN led by the USG to protect Israel from ceasefire demands and non-interference with humanitarian aid given the emergency conditions that are perceived as prevailing in Gaza. The protests are long deferred reactions to the frustrations generated by Congress and the White House, especially their refusal to support international law and the UN, as well as simple morality In response to the transparent portrayal of genocide in real time. All prior genocides, including the Holocaust, have been known and knowable only in retrospect through reports, trials, films, and memoirs. The Gaza genocide has been daily confirmed by TV imagery and reportage areas of devastation and sites of atrocities.

There are likely to be impacts of the protests acknowledged and unacknowledged the extent of which is presently uncertain. Already there is widespread speculation that the protests and their repression has gravely weakened Biden’s prospects for reelection and make Trump the favorite in November. Biden has repeatedly declared that he will not change policy toward Israel, and the recent approval of additional military assistance by a one-sided bipartisan vote in the U.S. Congress suggests that there will not be in the short-run a dramatic shift in Washington’s pro-Israel orientation. This could change rather abruptly if Israel goes ahead with its planned repeatedly pledged military operation in Rafah, which if it occurs might well result in massive Palestinians casualties.

An important variable concerns whether the current protests, and their suppression, will produce a sustained movement of opposition and reform or wither away. The present flurry of campus activism could quickly disappear if the events in Gaza are somehow brought under stable non-violent control. Although there may be present a latent revolutionary impulse to challenge the plutocratic and militarist erosion of Americann democracy before it is too late.

Palestine, Iran, and Populist Resistance: The Limits of Law, Morality, and the UN

3 May

[Prefatory Note: An interview with the Qods News Agency (Qodsna), the first specialized news agency in Iran, focusing on issues related to the Palestinian cause. The interview was published a week ago in Iran, and is reprinted in modified form that seeks to take account of the Palestinian struggle as connected with wider regional and global conflict patterns, and is giving rise to worldwidestudent protests against genocide and complicity with genocide, as well as a tidal wave of global consciousness sweeping away the cobwebs of political and moral complacency.]

  1. Given the fact that Israel has killed over 34,000 Palestinians in Gaza, mostly women and children, and prevented the entry of international humanitarian aid into the besieged strip, what is your opinion on nearly 200 days of onslaught in Gaza and its aftermath on Palestinians’ lives? How do you describe the genocidal onslaught and war crimes in Gaza?

What has taken place over the last 200 days in Gaza is the most transparent genocide in all of human history. It is the first time that the daily atrocities were broadcast and seen by the peoples of the world in real time. Past genocides have been known almost totally in retrospect through official reports, films and memoirs, which reconstruct horrifying events but after a passage of time. Those Palestinians who managed to survive physically such sustained violence of this extreme character are reported to be suffering from mental disabilities that could persist for their entire life. It is a tragic, dehumanizing ordeal, above all for children. It is further shocking that Israel should remain insulated from denunciation and accountability despite its continuing practice of such extreme criminality.

Genocide should be understood to exist from three quite distinct moral, political, and legal perspectives. The moral perspective is made clear in Gaza by the declared intentions, policies, and practices of Israel’s highest leaders, and carried out in a totally disproportionate, indiscriminate, and lawless manner, and aggravated by consistently sadistic and demeaning treatment of Palestinian civilians who fall under the control of the Israeli armed forces. The political perspective is established in Gaza by numerous trustworthy witnesses and victims, as well as by vivid visual evidence of genocide in line of justifications adopted by Israel and its supporters. Yet the political assurances about the commission of genocide is vulnerable, as here, to the be overridden by geopolitical considerations and strategic calculations. The legal perspective relies on the presentation of evidence and interpretations of international law, above all by the delineation of genocide in the Convention on the Prevention and Punishment of the Crime of Genocide (1948). Provisional conclusions as to international law can be derived from the opinions of legal experts holding important professional positions. For instance, the current UN Human Rights Council Special Rapporteur for Occupied Palestine, Francesca Albanese issued an excellent report in March 25, 2024 entitled ‘Anatomy of a Genocide’ [A/HRC/55/73]that carefully analyzed the elements of the crime and concluded that the facts and law supported the allegation of genocide. And yet until a qualified national or international tribunal with jurisdictional authority to assess the charge of genocide examines the evidence and hears the arguments of the defendant government or political actor it is impossible to say with technical propriety that the behavior in question is genocide from a legal perspective.

2-How can the world public put pressure on governments to force Israel to stop atrocities in Gaza?

It has proven difficult to challenge Israel effectively at the UN and elsewhere. Powerful countries in the Global West are complicit in supporting Israel’s policies and practices, including Israel’s misleading claim that it possesses an unlimited right to defend itself in response to the Hamas attack of October 7. The liberal democracies of Western Europe and North America are prominent among governments lending varieties of support to Israel that extends to endorsing Israel’s gross distortions of facts and law, which has had a detrimental effect on the authority of international law and the UN. The US above all has been guilty of double standards, using international law as a policy instrument to attack its adversaries such as Russia and China and disregarding its relevance with respect to the behavior of allies and friends such as Israel, Saudi Arabia, and India.

It is important to also understand the more passive complicity of Israel’s main Sunni Arab neighbors that fear challenges from Hamas-type Islamic movements more than intrusions on their autocratic stability associated with the establishment of Israel or post-colonial intrusions by Western powers. It was a surprise to many in the West that the governments of Jordan and Saudi Arabia cooperated in defending Israel on April 13 against the Iranian retaliation for Israel’s April 1st attack on its Syrian consular facility, killing two of its top military advisors. This pattern of regime politics in the Arab world does not reflect the outlook of the population in these countries, which shares a strong affinity with the Palestinian struggle and is often oriented with Islamic leadership of populist, protest Arab politics as was evident during and after the Arab Spring.

South Africa has been applauded widely for taking the initiative to bring allegations of genocide to the International Court of Justice under Article XI of the Genocide Convention that legally empowers any party to the treaty to bring a dispute with another party before the ICJ. Although the ICJ rose above politics by rendering an historically important, near unanimous interim decision granting several of South Africa’s requests for Provisional Measures on January 26, 2024. Unfortunately, this preliminary ICJ order had little behavioral effect as Israel defied the interim obligatory adjustments in Gaza pending a subsequent decision on whether the allegation of genocide has been legally established after fully weighing pro and con arguments.

Israeli defiance and US dismissive attitude toward the authority of the ICJ given its view of Israeli violence in Gaza fully exposed ‘a UN crisis of implementation’ of great significance. Given Israel’s refusal to comply meant that any effort to enforce the ICJ Interim Orders would depend on action by the Security Council, which would almost certainly be vetoed by the United States. Additionally, an ICJ decision on the merits with respect to genocide must await comprehensive oral arguments and written pleadings, as well as the time needed by the judges to do their own inquiries, a legal process that would not be completed for several years, which would likely be after present emergency conditions in Gaza had been resolved for better or worse.

Nevertheless, the ICJ Interim Order was an impressive vindication of international law and a legitimating demonstration of the legal professionalism and political independence of the Court. It has also had an authenticating impact on the governments of the Global South and even more worldwide in relation to civil society, including even in the United States and other complicit countries where the surge of student pro-Palestinian protest activism cannot be wholly disconnected from the authoritative findings of the ICJ disregard in policy by Washington almost as much as by Tel Aviv. Whether this pressure will remain robust enough to result in coercive actions by way of boycotts and sanctions, and pariah status, remains to be seen, but at minimum it suggests that even in this unfavorable political setting international law and populist activism offer some hope that genocide can be stopped and its perpetrators held accountable, if not formally, then by the action of peoples around the world.   

3-What do you think about Palestinian resistance fighters’ right to initiate the October 7 operation against Israel?

The right of resistance on the part of a people long occupied and abused is well established. Prior to October 7, Israel’s commission of the crime of apartheid in its manner of governing the Occupied Territories and the Palestinian minority in Israel had been documented in detailed reports by several of the most respected human rights NGOs including Human Rights Watch and Amnesty International, as well as by the Israeli NGO, B’tselem, and by UN’s ESCWA.

While the right to resist is certainly justified by the conditions imposed over the long period of occupation, which featured Israeli failure to uphold its duty as Occupying Power to protect Palestinian civilians under its control, it does not confer unlimited rights of resistance. Tactics of resistance, as for other armed groups including those operating under the authority of a sovereign state, are obliged to comply with international criminal law, and not abuse or target civilians, impose collective punishment, and commit atrocities. Yet unlike the apartheid and genocide allegations against Israel, there is as yet no authoritative account of what happened on October 7. There were, at first, luridly exaggerated claims of barbarous behavior reported to the world by Israel, but later modified by retractions and much skepticism about Israel’s depiction of events on that day. Until an international factfinding commission is established and given full cooperation there will be doubt about the extent to which the criminality of the Hamas attack tainted its resistance claims, and the degree to which Israel itself was negligent about heeding warnings and otherwise responsible for the lapse of border security.

4-How can the Palestinian people achieve their rights and overcome the ongoing occupation?

The Palestinian people are winning the struggle for public support in civil society and among many governments in the Global South. The rise of popular support for Palestinian rights even in complicit governments may erode somewhat their willingness to continue normal relations with Israel. Whether this political post-Gaza reappraisal is enough at this stage to make a difference with regard to ending Israeli occupation is not clear at present. Prior anti-settler colonial struggles have been eventually won by a colonized people if they manage to survive the almost inevitable genocidal assault by settlers to their existence. The breakaway British colonies in North America, Australia, and New Zealand managed through genocidal tactics to marginalize or eliminate the resistance of native and indigenous peoples and complete their settler colonial projects; South Africa failed, and the project collapsed. Israel is in that space where it will either join the settler colonial ‘success’ stories or it will succumb to national resistance, with Jews either giving up the Jewish supremacy claims of Zionism or finding a means to coexist with Palestinians on the basis of true equality and mutual respect, presupposing a honest accounting of the past as with some sort of truth and reconciliation process that has smoothed a transition from repressiveness to constitutionalism. The best example of managing such a transition was South Africa, benefitting from the leadership of Nelson Mandela and Archbishop Desmond Tutu, yet also experiencing bumps in the road along the way. Its pro-Palestinian ICJ initiative was a symbolically important way of honoring the enduring legacy of Mandela’s anti-apartheid struggle.

5-As you know, Israel attacked Iran’s consulate, killing its military advisors in Syria which is considered contrary to international conventions, which prompted a military response by the country. What is your take on Iran’s punitive response to Israel, especially in terms of international laws?

The Iranian retaliatory strike against Israel caused neither deaths nor damage, although had its array of missiles and large number of drones not been destroyed, it might have had a war-generating disproportionate effect. The interpretation of Iran’s retaliation remains ambiguous. Did it intend to display its military capabilities to attack Israel directly without inflicting major damage or was it an operational failure in the sense that the intention was to be as destructive as possible. Without clarity on this question, it is impossible to make an intelligent assessment of the relevance of international law to the events of April 13th.

The legal status of retaliatory violence is a gray area of conflicting opinions among law experts, often colored by political identities and jurisprudential orientations. On the one side are legalists who suggest that all retaliations violate the UN Charter and international law by validating uses of international force only in situations of a sustained armed attack across an international border. By this reading even a modest retaliation against the Damascus attack was not lawful.

As with other issues, this strict reading of international law is not descriptive of international practice with respect to acts of retaliation, which in practice over the years validate ‘reasonable’ retaliations so long as proportionate in relation to the provocation. Israel’s second attack on Iran, however, would seem to be unlawful as it ignored the reality that it initiating the cycle of violence on April 1st by its lethal attack on Iran’s consular facility in Damascus, and to regard it as entitled by any standard of law or reasonableness would tend to continue the cycle of interactive violence indefinitely.

ISRAEL/IRAN TENSIONS: PROVOCATION, RETALIATIONS, WIDER WAR OPTION/FEARS

25 Apr

OPTION/DANGERS

[Prefatory Note: Questions posed by Mohammad Ali Haqshenas on

behalf of International Quran News Agency and responses of

Richard Falk, April 19, 2024; this text is slightly modified. The

focus is on the Israeli April I attack on Iran’s Damascus consular, and the

international law implications of Iran’s retaliation against Israeli targets on April 13, followed a week later a by Israel’s second drone attack on a military base not far from Isfahan, which both countries somewhat

downplayed. Israel seemed to have given up the wider war option

at least for the present in response to diplomatic pressures from allies to

deescalate regional tensions. The future remains uncertain, especially,

if Israel goes ahead with the threat of a major military operation in

Rafah].

  1. What do international laws and conventions say when it comes to targeting a country’s diplomatic mission?

The immunity of consular facilities from international attack is one of the most widely respected, useful, uncontroversial commitments of international law since its inception. It was formalized and details specified in the Vienna Convention on Consular Immunity. Even without this Convention Israel would be bound by a similar body of constraints that are considered part of ‘customary international law’ that enjoy the status of ‘jus cogens’ norms, that is, standards of behavior binding on all sovereign states whether or not a treaty exists. When as here a widely ratified treaty does exist, then disputes about obligatory behavior are decides by reference to the treaty, with an optional Protocol conferring compulsory jurisdiction on International Court of Justice to adjudicate. From the above it follows that being a non-party does not relieve a government of a sovereign state from the obligation to comply with the legal framework.

In this instance such arguments are superfluous as both Israel and Iran are parties to the Vienna Convention as are another 180 states.

Although Israel is widely assumed to have launched the attack on the Damascus concular facility located within the larger Iran embassy compound in Syria. In a strange twist the US State Department spokesperson refuses as if April 24 to confirm that targeted facility was indeed a consular facility entitled to immunity from hostile action. It is strange as the build struck has been uniformly assumed to deserve treatment as Iran’s consular facility. The US continues to contend three week after the attack that the location and identity the building in question is still ‘under investigation.’

  • Following the Israeli strike against the Iranian consulate in Damascus, Tehran urged the UN Security Council to condemn the strike but the Council failed to do that due to the US support for Israel. What does this inaction mean when we take into account the responsibilities of the UN to maintain international peace?

Such action in the UNSC by the USA to insulate Israel from its obligation to comply with international law with regard to consular and embassy immunity is a reminder that when it comes to enforcing international law, the UN was designed to be weak, unmistakably intended to allow the P5 in the Security Council to  by giving an unrestricted right of veto to the five countries victorious in World War II. The veto is arguably the UN’s greatest deficiency when it comes to achieving the paramount war prevention goals of the UN. In effect, the 1945 architects of the UN subordinated upholding international law to strategic primacy for these five geopolitical actors in relation to enforcement or even interpretation of relevant legal obligations. Although only five countries are accorded a right of veto in the UN Charter, it has been used, especially by the US to thwart the will of overwhelming majorities among Member governments by being extended to shield ‘friends’ and allies from accountability.

Some years ago the Turkish president, Recep Tayyip Erdogan, called critical attention to this situation with the pithy phrase ‘the world is greater than five.’ The world is certainly greater, but regretably the UN is not. There are many situations of this kind concerned with securing compliance with international law by UN members who cannot veto a proposed UN decision but enjoy a sufficient special relationship with one of the five that suffices to block any UN enforcement initiative taken against it. In the 1999 Kosovo War, for instance, NATO avoided seeking authorization from the UNSC because it anticipated a Russian veto.

  • What are the long-term implications for international law if such attacks go unchecked?

The implications for international law are what they have always been in modern times. When the obligations of law clash with the strategic interests of powerful states, geopolitical policies prevail, and the core obligation of the rule of law (treating equals, equally) is ignored. This generalization applies to the pre-UN history of international relations. A good example is the war crimes trials conducted at Nuremberg and Tokyo in 1945 where the crimes of the victors were exempted from legal scrutiny while the crimes of the losers were the subject of indictment, prosecution, and punishment. More concretely, the atomic bombings of Japanese cities and the strategic bombing of German cities were accorded impunity. A double standard highlighted by being described as ‘victors’ justice,’ but an ideological defeat for advocates of law-governed behavior as shaping behavior among sovereign states and in the relation of states to the rights of peoples.

It is a mistake to conclude that international law is useless because of this subordination to geopolitics. For one thing, an effective international legal order is essential to sustain the stability of relations in most areas of interaction among sovereign states. Trade, investment, finance, communications, travel and tourism, diplomacy are among the areas of international life that depend on mutuality of interests and the practice of equality when it comes to enforcement and implementation. Beyond this, ‘responsible statecraft’ by dominant states (‘dominance’ does not necessarily refer to the same political actors that possess veto rights at the UN) can unilaterally exercise restraint in the use of the veto or in pursuing conflictual behavior. Many would insist that the US has weakened the UN by its ‘irresponsible statecraft.’ The extent to which the US has managed relations between the UN and Israel in an excessively indulgent manner, illustrated by its complicity with genocide is illustrative.  Unconditional support for Israel is also as much of a reflection of domestic political considerations in the US and Western Europe as it is of the international conflictual context.

Even when international law is flagrantly violated as it was in the Damascus attack, and Israel is protected against a punitive response at the UN, the impact on world opinion, global solidarity initiatives, and the clarification of legitimacy ensure that international law plays a role in the behavior of states and the outlook of global public opinion. Populist action often influences the policies and behavior of leading geopolitical actors. In the post-1945 anti-colonial wars the weaker side militarily generally prevailed politically, in part because international law and the flow of history seemed to everywhere on their side. Transnational activism in the form of boycotts and sanctions often is vindicated by assessments that the targeted country is violating international law in serious and obvious ways. In short, international law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions. This dynamic contributed to the collapse of the apartheid regime in South Africa 30 years ago and it is mounting ever stronger pressure on Israel in light of its Gaza genocide, further justified by its defiance of international law.   

  • Iran said it used its legitimate right to self-defense by launching strikes against Israel. What do international laws say about this?

There are several issues present. Does a single attack of this nature, however unlawful, engage the right of self-defense as specified in Article 51 of the UN Charter. This Charter definition is linked to “a prior armed attack” as distinct from an act of aggression, but given the paralysis in the UN, it might be deemed reasonable in view of the frequency of past lethal violations of Iran’s sovereign rights and the failure by the UN to take any punitive action, or even a resolution of censure, against Israel’s defiant attitude in shaping national policy in the security domain.

A further international law issue concerns matters of proportionality and discrimination. Estimates vary as to the scale of the Iranian attack involving 170 or more drones, 120 ballistic missiles, and 30 cruise missiles seems both disproportionate and indiscriminate, and yet little damage resulted, and no one killed. As Iran gave some notice of its planned retaliation to the US and other governments, it may have intended, as some commentators have suggested, that its retaliation for Israel’s responsibility in relation to the Damascus attack, to be symbolic and performative, rather than a full-scale attack as suggested by the array of drones and missiles.

To some extent, because of enforceability issues, what a state does in retaliation for such one-off violations of its sovereignty is assessed and judged in relation to precedents reflecting past practice. If deemed to be consistent with such practice it is legitimized and widely viewed as acceptable, whereas if not, it is regarded as unacceptably provocative. Israel has reacted to the Iranian attack of April 13 as an unacceptable provocation, despite its own prior attack causing high-profile Iranian deaths and the paucity of damage inflicted by Iran’s retaliation. Israel is proposing a retaliation to Iran’s retaliation. If Israel has carried out its threat in a way that causes death and destruction in Iran it is almost certain to have escalated the conflict in dangerous ways. When acting in these grey sectors of law, such as is the law governing international retaliation, the criterion of reasonableness offers some guidance to both actor and responder, and affects public discourse and media treatment. Of course, perceptions of reasonableness may vary greatly, and often make assessments based on alignments rather than. the characteristics of behavior.

In my judgment the sequence of events is revealing, a highly provocative attack on Iran’s diplomatic facilities in Syria, killing seven Revolutionary Guards, including a leading general with command responsibility for Iran’s role in Lebanon and Syria, followed by Iran’s ambiguous retaliation that could be viewed as a failure to inflict major damage in Israel or a successful symbolic display of capabilities programmed to avoid substantive damage, and a similarly ambiguous second Israeli retaliation, this time against an Air Base near Isfahan that was not highly provocative. Overall, Netanyahu in the Damascus attack was exploring the wider war option, backed off after the US and other regional and supporting governments insisted upon not elevating the tensions with Iran to overt combat, and possibly a regional war.

  • Some analysts believe that the Israeli regime targeted the consulate to escalate tensions with Iran and use this as a cover to continue its massacre of Palestinians in Gaza. What is your take on this and how can Tel Aviv be held accountable for its crimes in Gaza?

As suggested above, Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, seeming to leave his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests in the Middle East. The backgrounding of the Ukraine War in light of the events in Gaza lend plausibility to this kind of ‘politics of deflection.’ Israel is a master of shifting public attention from its crimes to its critics or to quite different objects of concern that better suit its national interests..

Achieving accountability in a legal sense is almost impossible so long as the Global West, especially the US, supports Israel. Any attempt to impose accountability through the UN would almost certainly be blocked by casting a veto in the Security Council, which the US has not been reluctant to do. Accountability in its political dimensions could be achieved if Israel is treated by many governments in the Global South and civil society activism as ‘a pariah state’ as was the experience of apartheid South Africa; solidarity initiatives rooted in civil society activism combined with resistance to apartheid seemed to explain the radical moves of the Pretorria regime, releasing Nelson Mandela from prison and negotiating a peaceful transition to constitutional democracy and racial equality. Accountability in a moral sense is exhibited by public expressions of outrage on the part of peoples the world over as well as by the frustrations caused by unenforceability of ICJ decisions and General Assembly activism in reaction to the unlawfulness of apartheid. 

  • What do you think about the efforts of the ICJ to hold Israel accountable for its genocide in Gaza, especially given that the regime is planning an attack on Rafah where more than 1.5 million displaced have taken refuge?

This question raises complicated issues. The initiative in the ICJ has been greatly important for passing judgment on Israel’s moral and political wrongdoing with respect to the Gaza genocide yet limited in effectiveness as to behavior. The ICJ has been unable to implement the persuasive legal pronouncements of its Interim Orders of January and March instructing Israel to take actions to mitigate further suffering of the Palestinian people while the Court ponders the allegations of genocide. Israel has refused compliance with the Provisional Measures requested in the South African ICJ initiative. Israe backed by the US, and seems poised to go ahead with its threatened attack on grossly overcrowded Rafah, despite expectations of shockingly high casualties.

The ICJ and the UN generally are neutralized by ‘a crisis of implementation.’ In the face of stubborn geopolitical resistance it lacks the mandate, will, and capabilities to enforce international law, let alone promote global justice. If the UN became more robustly endowed, an obvious undertaking would be to form an International Protection Force that would give meaning to the UN Responsibility to Protect norm adopted with much fanfare by the Security Council 20 years ago, and then deceptively invoked a little over a decade ago to justify a regime-changing intervention in Libya. As things presently are, a justifiable coercive and punitive response to genocide in Gaza is unthinkable, which tells us a lot about why so many people are disappointed by or frustrated with the UN, not realizing that it was structurally designed to vest control over international security issues, broadly defined, in the P5, the winners in World War II, and the last stand of a world order based on a dying European colonialism and an ascendant America.

A Gift to Cat-Lovers and Soul Mates: A Poem of T.S. Eliot

23 Apr

The Naming of Cats

  • Share on Facebook
  • Share on Twitter
  • Share on Tumblr
  • View print mode
  • Copy embed code
  • Add this poem to an anthology
T. S. Eliot
1888 – 
1965

The Naming of Cats is a difficult matter,     It isn’t just one of your holiday games;You may think at first I’m as mad as a hatterWhen I tell you, a cat must have THREE DIFFERENT NAMES.First of all, there’s the name that the family use daily,     Such as Peter, Augustus, Alonzo, or James,Such as Victor or Jonathan, George or Bill Bailey—     All of them sensible everyday names.There are fancier names if you think they sound sweeter,     Some for the gentlemen, some for the dames:Such as Plato, Admetus, Electra, Demeter—     But all of them sensible everyday names,But I tell you, a cat needs a name that’s particular,     A name that’s peculiar, and more dignified,Else how can he keep up his tail perpendicular,     Or spread out his whiskers, or cherish his pride?Of names of this kind, I can give you a quorum,     Such as Munkustrap, Quaxo, or Coricopat,Such as Bombalurina, or else Jellylorum—     Names that never belong to more than one cat.But above and beyond there’s still one name left over,     And that is the name that you never will guess;The name that no human research can discover—     But THE CAT HIMSELF KNOWS, and will never confess.When you notice a cat in profound meditation,     The reason, I tell you, is always the same:His mind is engaged in a rapt contemplation     Of the thought, of the thought, of the thought of his name:          His ineffable effable          EffanineffableDeep and inscrutable singular name.

Netanyahu Failed in Gaza, Tries to Widen War

20 Apr

I

[Prefatory Note: Interview by Mohammad Ali Haqshenas, initially published on April 20, 2024, by International Quran News Agency. In light of the relative mildness of the Israeli response, I would revise somewhat my responses below. It now seems either that the US reaction to the Damascus attack or the concerns of the Netanyahu war cabinet rejected, at least for now, the temptations of a wider war. Iran as well seemed to accept an outcome of its retaliation directed at Israel, resulting in neither death nor damage was nevertheless sufficient for its purposes. The overall situation remains unstable, and hence uncertain, but Netanyahu’s escaping accountability for failures in Gaza seems for the present to rule out the option of a wider war against Iran, with US active involvement.]

QNA – Israeli prime minister Benjamin Netanyahu has failed to achieve goals in the “inhumane” war on Gaza and seeks to widen the conflict, a former UN special rapporteur says.

Netanyahu Failed in Gaza, Tries to Widen War: Ex-UN Rapporteur

“Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, leaving his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests,” Richard Anderson Falk, a professor emeritus of international law at Princeton University, told IQNA.

The comments come amid boiling tensions in the region after the Israeli regime targeted the consular section of the Iranian embassy in Damascus, Syria, on April 1.

The attack claimed lives of high-profile Iranian military personnel that were in Damascus on advisory mission.

Faced with the international organizations’ inaction, Tehran decided to respond to the attack. Iranian armed forces launched Operation True Promise with dozens of drones and missiles against military targets in Israeli-occupied territories on April 14.

What follows is the full text of the interview with Professor Falk about the issue: 

IQNA: What do international laws and conventions say when it comes to targeting a country’s diplomatic mission?

Falk: The immunity of consular facilities from international attack is one of the most widely respected and uncontroversial commitments of international law as formalized by the Vienna Convention on Consular Immunity. Even without this Convention Israel would be bound by a similar body of constraints that are considered part of “customary international law” or enjoying the status of “jus cogens” norms, binding on all sovereign states whether or not a treaty exists, and in the event that a treaty exists, being a non-party does not relieve a government of a sovereign state to comply with the legal framework.

In this instance such arguments are unnecessary as both Israel and Iran are parties to the Vienna Convention as are another 191 states. 

IQNA: Following the Israeli strike against the Iranian consulate in Damascus, Tehran urged the United NationsSecurity Council to condemn the strike but the Council failed to do that due to the US support for Israel. What does this inaction mean when we take into account the responsibilities of the UN to maintain international peace?

Falk: Such action in the UNSC by the USA to insulate Israel from its obligation to comply with international law with regard to consular and embassy immunity is a reminder that when it comes to enforcing international law, the UN was designed to be weak, giving a right of veto to the five countries victorious in World War II, which arguably is the UN’s greatest deficiency when it comes to achieving the paramount war prevention goals of the UN.

In effect, the 1945 architects of the UN subordinated upholding international law to according primacy to these five geopolitical actors in relation to enforcement or even interpretation of relevant legal obligations. Although only five countries are accorded a right of veto in the UN Charter, it has been used, especially by the US to thwart the will of the majority of states and of members of the UN by being extended to shield “friends” and allies from accountability.

Read More: 

Some years ago the Turkish leader, Recep Tayyip Erdogan, complained about this situation by the pithy phrase “the world is greater than five.” The world may be greater, but the UN is not. There are many situations of this kind concerned with securing compliance with international law by UN members who cannot veto a proposed UN decision but enjoy a sufficient special relationship with one of the five that suffices to block any UN enforcement initiative taken against it.

IQNA: What are the long-term implications for international law if such attacks go unchecked?

Falk: The implications for international law are what they have always been in modern times. When the obligations of law clash with the strategic interests of powerful states, geopolitical policies prevail, and the core obligation of the rule of law (treating equals, equally) is ignored. This generalization applies to the pre-UN history of international relations.

A good example is the war crimes trials conducted at Nuremberg and Tokyo in 1945 where the crimes of the victors were exempted from legal scrutiny while the crimes of the losers were the subject of indictment, prosecution, and punishment. More concretely, the atomic bombings of Japanese cities and the strategic bombing of German cities were accorded impunity. A double standard highlighted by being described as “victors’ justice.”

It is a mistake to conclude that international law is useless because of this subordination to geopolitics. For one thing, an effective international legal order is essential to sustain the stability of relations in most areas of interaction among sovereign states. Trade, investment, finance, communications, travel and tourism, diplomacy are among the areas of international life that depend on mutuality of interests and the practice of equality when it comes to enforcement and implementation.

Many would insist that the US has weakened the UN by its “irresponsible statecraft.”

Beyond this, “responsible statecraft” by dominant states (‘dominance’ does not refer to the same political actors that possess veto rights at the UN) can unilaterally exercise restraint in the use of the veto or in pursuing conflictual behavior. Many would insist that the US has weakened the UN by its “irresponsible statecraft.” The extent to which the US has managed relations between the UN and Israel in an excessive manner is illustrative.  It is as much a reflection of domestic political considerations as it is of the international conflictual context.

Read More: 

Even when international law is flagrantly violated as it was in the Damascus attack, and Israel is protected against a punitive response at the UN, the impact on world opinion, global solidarity initiatives, and the clarification of legitimacy ensure that international law plays a role in the behavior of states. Populist action often influences the actions of leading geopolitical actors.

In the post-1945 anti-colonial wars the weaker side militarily generally prevailed politically, in part because international law and the flow of history was on their side. Transnational activism in the form of boycotts and sanctions often is vindicated by assessments that the targeted country is violating international law in serious ways.

International law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions.

In short, international law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions. This dynamic contributed to the collapse of the apartheid regime in South Africa 30 years ago and it is mounting ever stronger pressure on Israel in light of its Gaza genocide, further justified by its defiance of international law.   

IQNA: Iran said it used its legitimate right to self-defense by launching strikes against Israel. What do international laws say about this?

Falk: There are several issues present. Does a single attack of this nature, however unlawful, engage the right of self-defense as specified in Article 51 of the UN Charter. This Charter definition is linked to “a prior armed attack” as distinct from an act of aggression, but given the paralysis in the UN, it might be deemed reasonable in view of the frequency of past lethal violations of Iran’s sovereign rights and the failure to take any punitive action against Israel’s defiant attitude in shaping national policy in the security domain.

A further international law issue concerns matters of proportionality and discrimination. Estimates vary as to the scale of the Iranian attack involving 170 or more drones, 120 ballistic missiles, and 30 cruise missiles, and yet little damage resulted, and no one killed. As Iran gave some notice of its planned retaliation to the US and other governments, it may have intended, as some commentators have suggested, that its retaliation for Israel’s responsibility in relation to the Damascus attack, its retaliation to be symbolic and performative, rather than a full-scale attack as suggested by the array of drones and missiles.

Read More: 

To some extent, because of enforceability issues, what a state does in retaliation for such one-off violation of its sovereignty is assessed and judged in relation to precedents reflecting past practice. If deemed to be consistent with such practice it is legitimized and widely viewed as reasonable, whereas if not, it is regarded as unacceptably provocative. Israel has reacted to the Iranian attack of April 14 as an unacceptable provocation, despite its own prior attack causing high-profile Iranian deaths and the paucity of damage inflicted by Iran’s retaliation. Israel is proposing a retaliation to Iran’s retaliation. If Israel carries out its threat in a way that causes death and destruction in Iran it is almost certain to escalate the conflict in dangerous ways. When acting in these grey sectors of law, such as the law governing international retaliation, the criterion of reasonableness offers some guidance to both actor and responder. Of course, perceptions of reasonableness may vary greatly.

IQNA: Some analysts believe that the Israeli regime targeted the consulate to escalate tensions with Iran and use this as a cover to continue its massacre of Palestinians in Gaza. What is your take on this and how can Tel Aviv be held accountable for its crimes in Gaza?

Falk: As suggested above, Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, leaving his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests. The backgrounding of the Ukraine War in light of the events in Gaza lend plausibility to this kind of ‘politics of deflection.’ Israel is a master of shifting public attention from its crimes to its critics or to lesser objects of concern.

Achieving accountability in a legal sense is almost impossible so long as the Global West, especially the US, supports Israel. Any sort of attempt at imposing accountability through the UN can be blocked by casting a veto in the Security Council, which the US has not been reluctant to do. Accountability in its political sense could be achieved if Israel is treated by many governments in the Global South as a “pariah state” as was the experience of apartheid South Africa; also important are solidarity initiatives rooted in civil society activism. Accountability in a moral sense is exhibited by public expressions of outrage on the part of peoples the world over as well as by the frustrations caused by unenforceability of ICJ decisions.   

Read More: 

IQNA: What do you think about the efforts of the ICJ to hold Israel accountable for its genocide in Gaza, especially given that the regime is planning an attack on Rafah where more than 1.5 million displaced have taken refuge?

Falk: This question raises complicated issues. The initiative in the ICJ has been greatly important for passing judgment on Israel’s moral and political wrongdoing with respect to the Gaza genocide yet limited in effectiveness. The ICJ has been unable to implement the persuasive legal pronouncements of its Interim Orders of January and March instructing Israel to take actions to mitigate further suffering of the Palestinian people. Israel has refused compliance, backed by the US, and seems poised to go ahead with its threatened attack on grossly overcrowded Rafah, with expectations of shockingly high casualties.

The ICJ and the UN generally are neutralized by “a crisis of implementation.” In the face of stubborn geopolitical resistance, it lacks the mandate, will, and capabilities to enforce international law, let alone promote global justice. If the UN became more robustly endowed, an obvious undertaking would be to form an International Protection Force that would give meaning to the Responsibility to Protect norm. As things are, such a justifiable response to genocide is unthinkable, which conveys a lot about why so many people are disappointed by or frustrated with the UN.

Professor Richard Anderson Falk is the author or co-author of 20 books and the editor or co-editor of another 20 volumes. In 2008, the United Nations Human Rights Council (UNHRC) appointed him to a six-year term as a United Nations Special Rapporteur on “the situation of human rights in the Palestinian territories occupied since 1967”.

The views and opinions expressed in this interview are solely those of the interviewee and do not necessarily reflect the view of International Quran News Agency.

Pivot to Iran? Decoding April 1st

18 Apr

[Prefatory Note: This is a revised text of an opinion piece published in Turkish, a contribution invited by Semin Gumusel on April 14, 2024; developments arising from the convergent incidents on April 1st continue to reverberate, making updating a high priority.]

April 1st Pivet from Gaza: Damascus Massacre, Al Shifa Hospitial, World Central Kitchen Attack, the Biden/Netanyahu Diplomatic Dance, and Iran’s Retaliation

Certain dates become iconic through being engraved in the public consciousness of an era. The 21st century has already had two such enduring occurrences: the 9/11 attacks on the World Trade Center and Pentagon in the United States, initiating ‘the war on terror’ and the Hamas cross-border attack on Israel prompting a genocidal response. April 1st has not yet such heightened significance. Yet the five events that arose from what took place on this single day in April exhibit the dangerous and both visible and secretive interactions affecting the political life of the Middle East. The fallout from April 1st that might come to be regarded as producing a cycle of responses of such magnitude as to mark  the end of the post-Cold War Era.

These five happenings associated April 1st are inter-connected developments that if considered together bring a sense of coherence to the long ordeal of the Gaza population of 2.3 million Palestinians. Each occurred during a slowly unfolding crisis throughout the Middle East that has heightened dangerously combustible regional global tensions.  As a result, attention, energies, and resources have been in recent months diverted from a series of urgent global challenges arising from climate change, regressive forms of nationalism, and failures of political leadership made worse by a weakening transnational populist engagement. Earlier it was hoped such engagement from below might exert sufficient pressures on governments and economic elites to produce needed regulations and reforms with respect to the seemingly distinct underlying problematic issues. Despite the dark skies now overhead, the confluence of these five events at the start of April might even induce shifts in policy priorities in ways that could influence regional and international behavior to enhance or further diminish prospects for ecological resilience and humane global governance.  

Pivot to Iran: Temporary or Transformative?

The first of the April 1st events to be considered was the Israeli missile attack on a consular building within the Iranian embassy compound in Damascus. Twelve persons were killed, including seven members of the Iranian Iran’s Revolutionary Guard Corps who were apparently serving as military. Among these latter victims, presumably the Israeli targets, was General Mohammed Reza Zahedi, the highest ranking Iranian to be assassinated since the US Baghdad high-profile assassination of Gen. Qassem Suleimani, a popular political figure and military leader in Iran who was killed while he was on a diplomatic peace mission in January 2021 during the last days of the Trump presidency.  

Carrying out such violent actions across international borders is itself an international crime, often treated as an act of war, and certainly a political provocation. In addition, in the present instance the assassinations of these Iranians were aggravated by being not only an unlawful use of force that violated Syrian territorial sovereignty but additionally involved the illegal targeting of a foreign diplomatic facility, which international law treats as a prohibited target area. Such attacks are forbidden in deference to the reciprocal interests of all sovereign states, even when relations between governments are strained, in the security of diplomacy and the safety of their diplomats.

The Supreme Guide of Iran, Ayatollah Ali Khamenei, was not wrong when he denounced the attack as equivalent to an assault on Iranian territory that was located in Syria. Iran’s leader vowed to retaliate for Israel’s allegedly evil acts by attacking Israeli territory. The Israeli government lost no time officially warning Tehran that any retaliation from Iran that causes harm on Israeli territory will result in an Israeli response intended to harm targets in Iran. Israel’s Foreign Minister, Israel Katz, and Prime Minister Netanyahu responded to Ayatollah Khamenei’s statement with their own escalatory threats in the form of policy statements—Israel harms any country or non-state actor that harms it, and given its past practice, it will do so disproportionately as it has against the entire Palestinian population in Gaza during the past six months in response to the October 7 Hamas attack. [Israeli reliance on disproportionate force has long been a feature of its national security practice. See Falk, “Dahiya Doctrine: Justifying Disproportionate Warfare—A Prelude To Genocide,” April 1, 2024, blog, richardfalk@wordpress.com]

This provocation of both Iran and Syria on April 1st somewhat surprisingly posed no acknowledged difficulties for Biden’s foreign policy, which remained steadfastly both anti-Iranian and anti-Syrian, despite the fact that this non-retaliatory Israeli attack flagrantly violated international law, caused death and destruction, and escalated risks of a wider war in the region if, as was expected, Iran carries out its threat of retaliation. Biden while lecturing Netanyahu on attacking and otherwise interfering with humanitarian aid for Palestinians in Gaza, went out of his way at the same time to reaffirm the US resolve to stand with Israel in any future eruption of violent struggle with Iran, Syria being left in limbo, but also without doubts about the willingness of America to side with Israel should Syria decide to retaliate or to join Iran in a joint response.

World Central Kitchen Attack

The second incident at the start of April caused a more immediate policy  impact. It consisted of an enraged Western response to the much publicized Israeli attack on a World Central Kitchen (WCK) well-marked foreign aid convoy of three vehicles delivering 100 tons of desperately needed food and medical supplies to starving and wounded Palestinians in northern Gaza, an attack that killed six aid workers and their driver. Similar atrocity incidents affecting the foreign delivery of equally needed aid to Gaza had occurred ever since the start of Israeli military operations in the days after October 7. Indeed many far worse incidents if measured by the deaths of innocent aid workers than this one had occurred ever since Israel started retaliating for the October 7 Hamas attack. What made WCK attack different from other attacks was the fact that the aid workers killed were nationals of Western countries supporting Israel rather than Palestinians or nationals of Global South states. From a moral and legal perspective the national identity of the victims should make no difference, but if assessed from a political perspective a different story emerges.

What followed the WCK attack was a flurry of high-profile media and governmental expressions of outrage directed at Israel’s presumed deliberate responsibility for such an attack, holding both Netanyahu and Biden responsible for such deliberate lethal violence directed at nationals of their allies. The fact that 2024 Biden’s reelection prospects have become clouded by growing criticism of his unconditionally pro-Israeli policy in the face of the Gaza genocide, which were further aggravated by this incident. It was clear that Israel had crossed a red line. The deliberate killing of Western aid workers by Israel was not acceptable and must not be repeated. What followed, was a sharp criticism of the WCK attack a warning to Israel that if such incidents were repeated it would lead to a revision of US willingness to give the same level of support to Israel. What immediately followed was directly responsive, Biden’s public criticism of Israel which until the WCK attack was as rare as Netanyahu’s apologies to the Western governments of the victims. Sometimes, words matter more than deeds! 

Geopolitical Panic: Biden/Netanyahu Fence-Mending Diplomacy

This concurrence of April 1st happenings produced a geopolitical panic attack in both Tel Aviv and Washington, prompting an emergency fence-mending telephone conversation between Biden and Netanyahu a few days later with Blinken reportedly listening quietly on the line. Although the actual conversation took place on April 4, it was organically tied to the WCK attack three days earlier. Netanyahu was so backed into a corner that he felt the need to apologize in public to the governments of the WCK aid workers killed without seeming to be either weak or antagonistic in addressing the concerns of Israel’s chief backers, especially the US. Biden, in contrast, was walking a tightrope straddling contradictory domestic critics with one side pushing for the US Government to break with Israel by pushing harder for a ceasefire and the other side seeking reassurance that Israel would continue to enjoy Western support come what may.

What gave away this unusual double diplomatic game was the immediate public disclosure of a normally private conversation between two embattled leaders. This represented a sharp departure from diplomatic practice in international crisis situations suggesting that special considerations were present. The usual practice in similar circumstances is to regard such direct conversations between heads of state as highly confidential, at least for a decent interval, leaving the public and even the media to engage in conjectures as to the exchange, and to make their best unverified guess as to the presumed blend of anger, explanation, and regret. But because the main purpose of the Biden/Netanyahu conversation seemed to be to reassure Americans, and the West more generally that Israel was neither abandoned nor any longer assured of unconditional support unless it changed its ways of interfering with the international aid and humanitarian efforts of Western countries, it became expedient for both leaders to disclose the content of what was said.

On reflection it is far more acceptable in the West for Israel to attack the aid workers of the UN (so long as no Westerners are killed), especially those working heroically throughout the crisis within the confines of UNRWA to mitigate Palestinian suffering, enduring the loss of their own staff throughout the Gaza onslaught.

 In this sense, the most dangerously irresponsible feature of this complex public relations initiative was to reveal a strong pledge of continuing US support for Israel’s anti-Iran approach, which plausibly could have the effect of heightening Netanyahu’s incentives to foment a direct encounter with Iran to hide his multiple failures–to destroy Hamas, to gain the release of October 7 hostages, to minimize a surging global backlash against Israeli legitimacy, and to win back his own popularity among Israelis. It also conveyed to the leadership in Iran the unwelcome news that Israel would be backed in relation to Iran even when Israel violated basic rules of international law. This renewed show of solidarity with Israel made a devastating wider war much more likely and was obviously intended to frighten Iran sufficiently to moderate the retaliatory response that it had warned would be forthcoming. To send such signals to Tehran and Tel Aviv was to reinforce the impression that the US remained dedicated to achieving regime-change in Iran and willing to give Netanyahu indirect encouragement to hide his failures in Gaza by widening the conflict zone to include Iran and those non-state actors in Syria, Iraq, Lebanon, and Yemen.

As could have been anticipated, and perhaps desired by the Netahyahu leadership, was Iran’s retaliation by military drones and missile programmed to hit targets within Israel. Most of the Iranian attack weapons were intercepted and destroyed by a combination of US military operations, the collaborative efforts of Jordan, Saudi Arabia, France, and the UK, as well by Israel’s formidable defense forces, and cause little damage within Israel. This attack occurred on April 13th, but as with the sharp shift in the tone of the Biden/Netanyahu relationship, the retaliation by Tehran was a direct consequence of the Damascus attack on April 1st. As suggested earlier, Netanyahu is fighting for his political life in Israel, making a wider war seemingly his tempting option to avoid facing the likely consequences of personal and national defeat. The recklessness of the Damascus attack makes little sense otherwise. The US involvement in Israel’s defense and Netanyahu’s initial reaction to the effect that Israel remains determined to attack Iran directly in view of its attempted military strike. Such a posture confirms Israel’s encouragement of a shift of attention away from Gaza, and in the direction of Iran with uncertain consequences. The reactions of other countries in the region, as well as China and Russia will determine just how wide this new phase of conflict becomes.

Atrocities at al-Shifa Hospital in Gaza City

The final noteworthy occurrence on April 1st took place when Israel withdrew its forces from devastated al-Shifa Hospital and surroundings in Gaza City. On that day Israel ended its two weeks of atrocity behavior at al-Shifa Hospital, where Palestinian patients confined to their beds were shot dead as were doctors who refused to abandon the hospital, and several hundred Palestinians killed in the course of the military operation. Hamas and Islamic Jihad suspects, often with no evidence of affiliation or even sympathies were killed on the spot after being seized. Of course, for this there was no apology from Netanyahu or pretense from Biden of issuing a warning to Israel to refrain from such behavior. If atrocity victims in military operations are Palestinian, whatever befalls them, no feathers are ruffled in Washington. For its own domestic reasons, the US Government wants to show that it supports humanitarian aid efforts without challenging Israel’s war-fighting methods or insisting that international law guidelines be respected in struggles with regional rivals even as here under conditions of occupation subject to the constraints of international humanitarian law. For such admonitions, only the voices of moral authority in the West, such as Pope Francis or UN Secretary General Guterres can hope to be heard by the peoples of the world. The views of dissenters from the grotesque ordeal of genocide in Gaza are shunted to the sidelines of general awareness and media reportage. Their online words, analysis, and appeals, while influential for those opposed to the genocide, especially as reaching eyes and ears unfiltered by the informal censorship of the main media platforms in the Global West. These pleas for peace and in denunciation of international crime seldom carry weight with governments and political elites unless compatible with strategic interests of major states. The silence of the West in the face of genocide is a complicity crime shamelessly accentuated by the material, intelligence, and diplomatic forms of active support given to Israel since October 7, deserving criminalization.

Reflections on Convergence and the Future of the Middle East

Recounting these events makes it evident that April 1 is a day worth reflecting upon to gain an appreciation of the criminal dimensions of Israel reaction of the October 7 attack and the overall response of the Western liberal democracies (former European colonial powers except Spain, and breakaway British colonies, particularly the US, Canada, and Australia). Whether these focal points will drift toward a devastating regional inter-civilizational clash or hasten the declaration of a much overdue ceasefire cannot be currently known. Obviously embarking upon a genuine peace process is the haunting question that overhangs the prior discussion. This lends abiding interest to how we come to perceive these five events, and how they play out in the weeks and months ahead, with the immediate preoccupation being the prospect of an Israel military strike against Iran. Whether this strike is symbolic or substantive may either avert the drift toward major warfare or accelerate it. Wiser heads do not often prevail in Israel, and so the fate of the region and world may depend on this being an exception.

The defense of Israel by military and intelligence cooperation of the Global West and several Sunni Arab governments suggests that containment of Iran, especially with respect to its nuclear program, has precedence over solidarity with the Palestinian people and their struggle. Whether the peoples of these countries will challenge these priorities of the governments who came to the defense Israel is a question that will be clarified in the years ahead. The policy choice in West between escalating hostility toward Iran and the renewal of normalization initiatives will remain relevant even if calm is eventually restored to Israel/Palestine relations, which itself can turn out to be delusional if Israel is faced with a combination of resistance activities and solidarity initiatives.   

  •  

Gaza Ceasefire Petition by International Lawyers

17 Apr

[Prefatory Note: This petition offers international lawyers to show solidarity with the grave plight of the Palestinian civilian population of Gaza that is continuing to endure daily onslaught by Israel that causes widespread suffering so far supported to varying degrees by the leading liberal democracies of the West.]

International lawyers calling for ceasefire in Gaza and respect for international law

Started

April 4, 2024

Why this petition matters

Started by International Lawyers

We, a group of international lawyers and academics dedicated to resolving international disputes through peaceful means, cannot remain silent in the face of the acute humanitarian crisis in Gaza.

Due to the armed hostilities in Gaza over thirty thousand people have died, many of them children, and there have been significantly more casualties. According to representatives of the United Nations and various organisations attempting to provide relief, the humanitarian situation in Gaza is catastrophic. In its order of 28 March 2024 in the case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), the International Court of Justice (“ICJ”) observed that the Palestinians in Gaza “are no longer facing only a risk of famine … but that famine is setting in” (see paragraph 21 of Order at https://www.icj-cij.org/node/203847

Guided by the principles of the rule of law, peaceful conflict resolution and the protection of the civilian population, we call for an immediate and durable ceasefire and full adherence to the rules of international law and specifically international humanitarian law. We also call for the immediate and unconditional release of all hostages. We specifically recall the UN Security Council Resolutions 2728 (2024), 2720 (2023), and 2712 (2023) as well as UN General Assembly Resolution A/ES-10/L.27 (2023).

We further call for Israel to comply with the ICJ Orders dated 26 January 2024 and 28 March 2024 and to take all necessary measures to ensure unhindered provision of humanitarian aid through international organisations, including through UNRWA.

We express our condolences and deepest sympathy to all those who are experiencing suffering and loss in Gaza and Israel.

We invite members of the international legal community, whether involved in dispute resolution or otherwise, to join us in calling for immediate ceasefire and the just and peaceful resolution to the current conflict by signing this petition.

Signatories as of 12 April 2024 include:

  • Taiwo Adeshina
  • Ali Al-Karim
  • Céline Aymé-Wauthier
  • Domitille Baizeau
  • Professor Ilias Bantekas
  • Sylvie Bebohi Ebongo
  • Mohammed Dele Belgore SAN
  • Professor George Bermann
  • Le Batonnier Joachim Bilé Aka
  • Professor Laurence Boisson de Chazournes
  • Juliet Blanch
  • Gabriel Bottini
  • Professor Ronald Brand
  • Judge Charles Brower
  • Professor Nael Bunni
  • Professor Peter Cameron
  • Yemi Candide-Johnson SAN
  • Eliséo Castineira
  • Dong Chungang
  • Professor Giuditta Cordero-Moss
  • Bernardo Cremades
  • Nadia Darwazeh
  •  Yves Derains
  • Diamana Diawara
  • Caroline Duclercq
  • Professor John Dugard SC
  • Bernd Ehle
  • Professor Richard Falk
  • Professor Maximin de Fontmichel
  • Julien Fouret
  • Teresa Giovannini
  • Nina Hall
  • Laura Halonen
  • George Hazboun
  • Professor Kaj Hobér
  • Jean-Christophe Honlet
  • Sami Houerbi
  • Vera van Houtte
  • Professor Hans van Houtte
  • Professor Gabrielle Kaufmann-Kohler
  • Fathi Kemicha
  • Gaston Kenfack
  • Ben Knowles
  • Gisela Knuts
  • Professor Stefan Kroll
  • Professor Nikos Lavranos
  • Philippe Leboulanger
  • Françoise Lefèvre
  • Carole Malinvaud
  • Samy Markbaoui
  • Professor Pierre Mayer
  • Professor Brian McGarry
  • David Méheut
  • Professor Loukas Mistelis
  • Yasmin Mohammad
  • Alexis Mourre
  • Sara Nadeau Seguin
  • Marina Papadatou
  • Wolfgang Peter
  • Pierre Pic
  • Noradèle Radjai
  • Mohamed Abdel Raouf
  • Hery Frédéric Ranjeva
  • Professor Catherine Rogers
  • José Rosell
  • Michael Schneider
  • Professor Thomas Schultz
  • Ronen Setty
  • Patricia Shaughnessy
  • Mohamed Shelbaya
  • Ana Stanič
  • Professor Attila Massimiliano Tanzi
  • Former President Danilo Türk
  • Professor Dorothy Ufot SAN
  • Christopher Vajda KC
  • Sun Wie
  • Karim Youssef
  • Roland Ziadé

Signatories as of the launch date: https://docs.google.com/document/d/1VisSsQQ335SdOQrhL8p7VvarDWkZTkow/edit?usp=sharing&ouid=114011518788839331935&rtpof=true&sd=true

Complete list of signatories as of 12 April 2024: https://drive.google.com/file/d/1f5DDhTLukvY7mCL3N3jCeFG4DV0U6Gg8/view?usp=sharing

Interview with Daniel Falcone: Trials and Tribulations of Palestinian Refugees in Syria & Israel/Palestine/Iran

15 Apr

[Prefatory Note:This series of questions was posed for my consideration early in late March 2024, published by CounterPunch on April 9th under the title, “The Forgotten Palestinian Refugees in Syria.” I have revised somewhat my responses, partly because of the impact of developments in April, especially the bombing of Iran’s consular facility in Damascus on April 1st killing 12 persons, including 7 Iranian military advisors, which led Iran to abandon its practice of retaliating for attacks by indirect responses to US/Israel assets/military bases or to entrust retaliations to Iran’s regional non-state allies in the region, including Hezbollah, the Houthis, and possibly Hamas. On this occasion Iran deliberately itself retaliation on April 12th, firing as many as 300 drones and missiles toward Israeli targets. Most were intercepted with the help of Israel’s Western supporters (and Jordan), yet Israel has called for an emergency meeting of the UN Security Council and threatens to retaliate, escalating the conflict. What will happen with this Israeli effort to get the US involved in a wider war directed at achieving regime-change in Iran remains uncertain, but raising doubts about the war-prevention capabilities, and even motivations, of the US and to a lesser extent, China and Russia.]

Interview with Daniel Falcone: Trials and Tribulations of Palestinian Refugees in Syria Prior to the Israel’s April 1st Attack on the Iran Consular Building in Damascus

Daniel Falcone Introduction: The Syrian Civil War was the longest and most complex geopolitical conflict to emerge out of the Arab Spring, thus creating a complicated legacy for leftist analysts to interrogate. In this interview, exclusive for Counterpunch, former United Nations special rapporteur, and international relations scholar Richard Falk, breaks down Palestine and Syria and the history and politics of that refugee crisis from the left. Often, this topic finds the center-right media attempting to focus on Syria, not in the interest of Palestinians, but to remove the attention away from US/Israeli aggression. Falk, a fierce critic of US and Israel foreign policies, highlights the complex circumstances of the Palestinians in Syria and points out how a host of domestic and foreign policies, and worldviews from the left and the right, both complicate and threaten Palestinian survival and their pursuit of liberation in the face of ongoing US-sponsored settler colonialism.

Daniel Falcone: How many Palestinians are in Syria, and how long have they been there?

Richard Falk: It is difficult to be very accurate about refugee and displacement statistics due to the prolonged internal Syrian turmoil over the course of more than a decade since 2011, and still are not fully resolved. Before the Syrian Civil War the number of Palestinian refugees registered by UNRWA in Syria was 526,744, the majority of whom came to Syria during the Nakba in 1947, fleeing especially from what was then northern Palestine, now Israel. A large proportion of the Palestinian refugees in Syria chose and were able to live outside the refugee camps, with no more than 111,000 of the more than a half million living in the nine official, and three unofficial camps, according to estimates in 2002.

Current estimates of the Syrian refugee population arrives at even smaller numbers due to the fact that many Syrians fled to neighboring countries and to Europe. It is now believed that correct current number of Syrian refugees within the borders of Syria is about 450,000. This experience of internal and external displacement of Palestinians in Syria during the civil war, exhibited the dangers of being vulnerable as a refugee in a combat zone during wartime, especially in the face of the growing enmity between the Syrian government and Palestinian refugees, greatly aggravated by their opposed alignments in the Syrian Civil War. Palestinians in Syria overwhelmingly supported the opposition to al-Assad regime in Damascus.   

Daniel Falcone: What kinds of social, political, and economic devastation do Palestinians living inside Syria experience? Stephen Zunes has indicated that reliable numbers for Palestinian civilians killed by Syrian military assaults is around 4,000.

Richard Falk: Until the civil war began in 2011 relations between the Syrian government and the Palestinian refugees seemed positive, especially as compared to the negative features of Palestinian treatment and experience in several other Arab countries, particularly Jordan (‘Black September 1970’) which encouraged the voluntary displacement of Palestinians, departing from Syria, and seeking refuge elsewhere, especially in Turkey and Western Europe. Prior to the civil war Palestinian refugees enjoyed substantially equal rights in Syria as compared to the resident population, being allowed to own property, and work in almost all sectors of the economy.

After 2011, Syrians were viewed by the Damascus government as a hostile presence in view of their overall support for the anti-government political forces, which in part reflected the Shiite-dominated Damascus political leadership in a life-and-death struggle with the Sunni-dominated opposition forces. Among other developments was violent repression by Syria of the refugee camps in Syria, most prominently the Yarmouk Camp located on the outskirts of Damascus, resulting in many Palestinian deaths, forced and voluntary displacements, and widespread hunger in the period between 2011 and 2018.

Such conditions prompted many Palestinian refugees in the 12 Syrian camps to risk the increasingly dangerous migrant journey to Europe, a situation further aggravated when Trump’s defunded UNRWA in 2018. Prior to the civil war in Syria, Palestinian refugees were much more regulated and their economic, political, and social options restricted in Lebanon, with its delicate Muslim/Christian demographic balance, and in Jordan, where the sheer numbers of Palestinian refugees were seen by the government as posing a political threat of a demographic character as further reinforce by their suspected distrust of the Hashemite monarchy.

Daniel Falcone: Is there a problem on the left in the United States in undermining the plight of Palestinians in Syria in relation to the left’s varying perspectives on the Syrian Civil War?

Richard Falk: Yes, the hostility of the hard left to intervention against the regime of Bashar al-Assad, despite its oppressive tactics, autocratic governance, and outright atrocities seemed dogmatically based on siding with whatever political forces around the world validated their behavior by deploying anti-imperial rhetoric and slanted arguments against siding with the anti-Damascus insurgents, which were a hybrid coalition that included more humane and democratic elements than did the government, at least at the outset of the conflict. At the same time, complexities were present no matter which side was supported in the bitter civil strife due to the lack of coherence by either the government or its array of opponents.

Beyond this, at the outset of the Syrian civil strife the US and Turkey underestimated the capabilities and loyalties of Syrian armed forces, being too quick to think it would be as easy to get rid of the Assad regime as it had been for NATO in 2013 to induce anti-Qaddafi regime change in Libya. NATO also badly miscalculated the domestic effects of regime change in Libya. Instead of a successor regime friendly to the Global West, the situation in Libya deteriorated from one of autocratic stability to a condition of political chaos and civil strife among Libyan ethnic communities, in effect from autocracy to a chaotic form of anarchy.

This misleading analogy between Libya and Syria was a costly miscalculation, especially for Turkey, compounded by the emergence of some strange opportunistic alliances in the course of the internal struggle. Perhaps most notable was the mutual relations between ISIS and the anti-Damascus forces. seeming joining in a common cause the liberal opposition to Damascus with an organization previously treated by the West as a virulent form of terrorism.

On the side of the Syrian government again, for a mixture of geopolitical and ideological reasons, were Russia and Iran. The Syrian Civil War was the most complex and prolonged struggle to spiral out of the Arab Spring, and perhaps in modern times, considering the bewildering variety of actors and issues at stake internally, regionally, and globally as well as the mix between state and non-state actors and compounded by the internal antagonisms on both sides.

Daniel Falcone: What are the differences and similarities for Palestinian refugees trying to survive across the Arab world?

Richard Falk: Responding to this tangled issue of comparative treatment of Palestine refugees throughout the Arab World is a stretch for me. Responding broadly, there is agreement that attitudes toward Palestinians refugees varied through time and from country to country, influenced recently by Israeli/US diplomacy promoting normalization of Israeli/Arab relations during the final months of the Trump Presidency in the form of the now notorious Abraham Accords. Since October 2023 the Israeli genocidal onslaught in Gaza has made Arab countries more conscious of their own identities while becoming somewhat more engaged with the  Palestinian ordeal, including reacting with varying levels of concern to what is increasingly regarded by pro-Palestinian forces as ‘a second Nakba’, in effect a brutally forced evacuation being implemented with a genocidal ferocity that far exceeds the Palestinian catastrophe of 1948— that is creating humanitarian pressures for offering shelter to Palestinians outside of Occupied Palestine, highlighted by a situation of widespread starvation and disease in Gaza, grim realities further intensified by the Western defunding of UNRWA since late January 2024 in response to a dubious all out Israeli campaign to discredit UNRWA in a supreme instance of their mastery of the dark arts of deflection.

At present, in reaction to the humanitarian emergency in Rafah, and continuing Israeli threats to launch a military attack on the small city abutting the Egyptian border which is sheltering over a million helpless Palestinians in horrifying conditions even without taking account of the acute fears arising from Israel’s threatened military attack, Egypt has so far responding in two somewhat contrary ways: 1) by deploring the forced cross-border pressures on Palestinians to leave Gaza or die if they are so stubborn as to continue resisting and, 2) by preparing for a mass Palestinian exodus from Gaza by constructing a large walled-in temporary refugee facility in the Sinai Desert, which is part of Egypt. Whether Egypt will eventually be persuaded or bribed to accept a large new influx of Palestinian refugees is uncertain at this point.

The issue posed is tragic for Palestinians in Gaza who have stayed in their homeland despite hardship and abuse since its re-occupation by Israel in 1967, enduring periodic punitive large-scale military incursions from land, air, and sea in 2008-09, 2012, 2014, and 2021, reinforced by a crippling blockade since 2007. The role of Hamas in Gaza is complicated: it reportedly won internationally monitored elections in 2007 because it resisted Israeli abuses more credibly than did the Palestinian secular alternatives, and steadily gained legitimacy among Palestinians throughout the occupied Palestinian territories because it was not tainted by collaborationism or corruption to nearly the extent of the Ramallah-based Palestinian Authority, itself an outgrowth of the discredited Oslo diplomacy.

Since 2006 when it took over a governing role in Gaza, Hamas has been reduced to being a ‘terrorist’ entity by Israel, United States, and Germany. Its diplomacy was spurned over the years despite credibly proposing long-term ceasefires on several occasions. Israel made no secret of preferring to discourage Palestinian resistance by keeping Gazans on ‘a subsistence diet’ as supplemented by ‘mowing the lawn’ as needed, as well as using Gaza as a virtual free-fire zone to test weapons and tactics, and send a deterrence/Dahiya message to regional governments throughout the Middle East that Israel was not inhibited by law and morality when it came to dealing with its enemies, and disdained such widely accepted legal limitations on force as proportionality and discrimination (as to targets). Additionally, Israel’s presence in the Occupied Palestinian Territories is subject to the 4th Geneva Convention addressing issues of Belligerent Occupation, as well as the unanimous Security Resolutions 242  and 338, which projected an early Israel withdrawal to its 1967 borders after minor territorial adjustments.

The Syrian government’s relationship to the Palestine/Israel conflict seems contradictory in its central aspects. Syria alone among major Arab governments has been actively pro-Palestinian in its foreign policy since the 1948 War. Israel has engaged in various destabilizing moves toward Syria, most dramatically in the form of periodic air attacks at targets thought to be helping anti-Israeli forces in the region. Israel incorporated into Israel the occupied Syrian territory, known as the Golan Heights, under Israeli administrative control since the 1967 War, during the latter part of the Trump presidency. And now it has attacked the Iranian embassy compound in Damascus threatening to make the wider war a

major source of intensifying conflict in the Middle East. In other words, despite its encounters with Palestinian refugees, Israel and Syria have a long history of mutual hostility, given dramatic focus from time to time by

Israeli cross-border air strikes with target located in Syria.

This present engagement with Syria and Iran on one side and the Israel and the US, and most of NATO on the other side, points to a more dangerous phase in the Middle East conflict configuration that has evolved since the end of the Cold War.

Regressive Populism and the Resilience Imperative: Evading Global Challenges

10 Apr

[Prefatory Note: We are living in an alarming period in world history where the ecological balance of the planet is in jeopardy due to anthropocentric negligence and malfeasance. As well, existing geopolitical structures are beset by tensions that threaten to repeat the terrible experiences of global warfare with an increasing danger of recourse to nuclear weapons on a large scale, bringing about ‘a nuclear winter,’ which threatens to be a near extinction event for the human species as well as many animal and plant species. It is by any reasonable calculation a ‘planetary state of emergency’ yet the behavior patterns around the world exhibit almost no adaptive ingenuity and fail to engender the political ambition to put aside anachronistic concerns about strategic clashes of geopolitical actors to focus on these urgent 21st century challenges that are trending toward catastrophe.

I am posting my foreword to a recent book on the rise of ultra-nationalist populism around the world by the distinguished British author and historian, Deepak Tripathi.  What is depicted in the book is emblematic of the populist and inter-governmental myopia that has become a menacing characteristic of the global setting. I highly recommend reading this book, which can be obtained from the usual online book sellers, published in later 2023 by Springer in Europe. Although anachronistic and regressive leadership imperils the human future, it is the mass appeal of autocrats that deepens the array of challenges grouped together under the various failures of populism: THE RESILIENCE IMPERATIVE: Reimaging Global Populism.]

[Prefatory Note: We are living in an alarming period in world history where the ecological balance of the planet is in jeopardy due to anthropocentric negligence and malfeasance. As well, the geopolitical structures are beset by tensions that threaten to repeat the terrible experiences of global warfare with an increasing danger of recourse to nuclear weapons on a large scale, bringing about ‘a nuclear winter,’ which threatens to be a near extinction event for the human species as well as many animal and plant species. It is by any reasonable calculation a ‘planetary state of emergency’ yet the behavior patterns around the world exhibit almost no adaptive ingenuity and fail to engender the political ambition to put aside anachronistic concerns to focus of these urgent 21st century challenges that are trending toward catastrophe.

I am posting my foreword to a new book on the rise of ultra-nationalist populism around the world by the distinguished British author and historian, Deepak Tripathi.  What is depicted in the book is emblematic of the populist and inter-governmental myopia that has become a menacing characteristic of the global setting. I highly recommend reading this book, which can be obtained from the usual online book sellers, published this month by Springer in Europe.]

Foreword to Deepak Tripathi’s Populism: Weaponizing for Power and Influence (2023)

We are living at a time when liberal democracy has lost much of its charm. Reflecting back on 1989 perspectives highlighted by the collapsing Berlin Wall it was not supposed be that way. On the contrary, there was a triumphalist optimism rampant in the West that liberal style democracy (wedded to a market driven world economy) was the wave of the post-Cold War global future, typified by Francis Fukuyama’s End of History: The Last Man (1993). A blazing torch for such a democratizing future was carried by two American presidents, Bill Clinton and George W. Bush, who despite coming from supposedly opposed mainstream parties, both championed ‘democracy’ as the path forward for all peoples living on the planet, and especially those in the Global South. To be sure there were more pessimistic voices who were making their voices heard, most prominently, that of Samuel P. Huntington with his conflict-laden view of political life after the Cod War, captured by his arresting phrase, ‘clash of civilizations,’ supposing that the struggle of the future would be ‘the West against the rest,’ [Huntington, Samuel P., “Clash of Civilizations?” Foreign Affairs (1993) Another grim voice gaining attention in that period was the dark forebodings of Robert Kaplan whose historic sense was preoccupied with chaos and disorder. [The Coming Anarchy (2000)].

Bill Clinton, as the U.S. president in the 1990s fashioned and promoted a doctrine of ‘enlargement’ that justified tilting American foreign policy in a pro-democracy direction, claiming also that a democratizing world would inevitably lead to world peace as history supposedly documents that democracies do not fight wars against one another. What was called ‘the strategy of enlargement’ was set forth most influentially set forth by Anthony Lake, Clinton’s National Security Advisor, who was an unconditional advocate of promoting democracy after the Soviet collapse. In his words, “America’s core concepts, democracy and market economics, are more broadly accepted than ever before. We have arrived at neither the end of history nor a clash of civilizations, but a moment of immense democratic and entrepreneurial opportunity, and we must not waste it.” [Lake, “The Four Pillars, Emerging ‘Strategy of Enlargement,’” Chirstian Science Monitor, Sept 29, 1993]

Then George W. Bush came along to push the same line with more ideologically self-serving language, most notably in the introduction to the 2002 National Security Strategy of the United States of America: “The great struggles of the twentieth century between liberty and totalitarianism ended with a decisive victory for the forces of freedom—and a single sustainable model for national success: freedom, democracy, and free enterprise… We will extend the peace by encouraging free and open societies on every continent.” Such a statement still reflects the ideological orientation of that time, but if uttered today its lack of plausibility would make it seem like an emanation from a quaintly out of touch worldview. When I first read this prideful utterance by Bush back in 2002 it struck me then as a perfect example of an ideological framing of imperial hubris. Now I regard it as a dangerous confirmation of the delusional ideas that held sway in the misguided efforts after the Cold War to construct  viable and equitable arrangements supportive of the global public good without paying heed to giving greater independent authority to the UN or according increasing respect for international law.

More than two decades after Bush, Deepak Tripathi ventures to tell us quite a different story about the political tides sweeping across the world in a manner that exposes the fragility of even those political arrangements that had seemed the most stable and deeply rooted within liberal democracies such as the sanctity of elections and the peaceful transfer of power from one leader to the next. Beyond this issue of systemic precariousness, the extraordinary rise of China, and Asia more generally, in a period when the West stagnated, drew into severe question the assertion that ‘free enterprise’ was an indispensable foundation of political sustainability and economic prosperity for all sovereign states with its boastful implication that the West had developed a superior model of economic and political development that all should follow.

Indeed, Tripathi’s stunningly comprehensive and historically grounded survey of populist politics, whether from right or left, or from above or below, articulates a quite different narrative from the earlier post-Cold War perspectives that attempted to interpret the future of politics within states and their international spillover effects of the transitory, if globally reverberating, Soviet implosion in 1992. Rather than the transformative development that the West welcomed, this spectacular, if temporary end of Cold War geopolitics, resulted in fundamental changes in the structures and processes of an evolving world order. It could have been different if the victors had seized the historical opportunity to make the world safer and more equitable by finally eliminating nuclear weapons and constructing more communally organized institutional arrangements. Above all, this would have meant strengthening the UN—its capabilities, responsiveness to human suffering and societal vulnerabilities, cooperative and equitable approaches to climate change and natural disasters. But this window of opportunity was never opened. It was shut down rather quickly by the militarist combination of predatory capitalism and a revitalized geopolitical ambition, which failed to address global scale challenges that posed dire threats to human security.

What Tripathi brilliantly shows is that such a historical context gave rise to populism rather than the expected expansion of democratic patterns of governance by a variety of populist moves at the level of the sovereign state. Instead of addressing problems by the aggrieved even in rich and powerful societies through the social protection of its own poor and vulnerable, as well as responding in an effective and equitable manner to climate change, the U.S. and several European countries became preoccupied with unwanted migrants diluting territorial nationalism and meeting Asian, mainly the Chinese challenge, with new modalities of militarist containment rather than enhanced competitive prowess and a genuine advocacy of inclusive multilateralism. Moderation and pluralism associated with the practice of democracy cast aside, mass frustration leading to severe inequalities, polarization, resentment, and pointed fingers, with the left blaming elites and the entrenched forms of public order while the right blamed overreaching and irresponsible government that served the interests of globalized elites (Wall Street) rather than ordinary people. the soul of the nation. Such polarization gave rise of extremist interpretations, movements, and leaders usually seeking vindication and legitimacy by claiming to be the voice of ‘the people.’ This political mood allowed demagogues and authoritarian figures to flourish, often by proposing snake oil solutions that promised unhinged governance guided by abstract invocations of ‘the will of the people,’ casting aside in fits of populist fury the sanctity of constitutional constraints on the exercise of state power associated with checks and balances, the sanctity of civil and political rights, the rule of law, and a host of other populist tropes.

Although populism is presently spreading its around the world at the expense of more moderate democratic approaches to governance, although not without such partial countertendencies as the defeat of Bolsonaro in Brazil and Trump in America illustrate. Perhaps, partly to reassure us that populism is no more of a permanent fixture than was democracy seemed to be at the turn of the century, Tripathi surveys the political development of the past two centuries in the major regions of the world to educate readers by populism is not new and always diverse as expressive of the particularities of national, regional, and global contexts. Populism is part of the fabric of long dominant sovereign states, including the U.S., Russia, and India, partly less so of China. This helps explain the prevalence of autocratic and radical reform movements throughout Latin America, North America, Europe, and Asia. On the one side, dictatorial populists of the left as Juan Peron and Chavez who serve workers and peasants. But there are also leaders such as Trump who come along with promises ‘to drain the swamp’ of corrupt bureaucrats that are crafting policies for the benefit of special interests, supposedly standing up for the people against the alleged encroachments of globalists, migrants, and ‘terrorists.’ And others like Boris Johnson who championed Brexit as a way of restoring pride and economic vitality to the British nation. Johnson mobilized ‘the people’ by promising to make the nation great again, by various means including disentanglement from the EU, and presumably other forms of internationalism.

The provocative title chosen by Tripathi suggests to me acute anxiety about past and present unleashing of populism. The idea of ‘weaponizing’ politics portends both intense internal conflict and a free hand to act beyond the law on the part of a government leader who enjoys the confidence of an enraged people, prepared to follow along rants on paths that lead to repression, intolerance, and violent conflict. If this is correct, then this book amounts to a warning to be heeded by all who value restraints on political leadership and state power, favor rationality of public discourse, support the repudiation of wild conspiracy theories, and discredit searches for scapegoats upon whom lay blame for the misfortunes of the nation and its people.

Tripathi is disciplined and knowledgeable enough not to project populist trends into the future. As I read him, however, he does appear to believe that populism will not get the job done to the satisfaction of those oriented toward either the balancing of national interests against human interests or against global public goods as the 21st century unfolds. What makes this book so timely and essential reading for an understanding of the world is the conceptualization of populism its depiction as a worldwide phenomenon emergent at times of acute social, economic, and political stress.

Biden’s Warning to Netanyahu: Political Maneuver, Not Policy Shift

6 Apr

[Prefatory Note: The post below contains modified responses to questions posed by a Brazilian journalist, Rodrigo Creviero on 4/4/2024. It is critical of President Joe Biden’s ‘muscular approach’ to the conduct of foreign policy, specifically in relation to China, Russia, and Israel, as played out at the expense of the peoples of the world, including the real interests of the American people. Biden is guilty of war-mongering, reluctance to engage in peace diplomacy, and complicity crimes of support given to Israel while carrying out a prolonged genocide against the long abused civilian population of Gaza along with demonizing and dehumanizing the resistance leadership exhibited by Hamas. In reactions to past genocides the US has done less to oppose their perpetrators than it should  have, but never before has it been an active accomplice, and in the process, undermining the authority of the most widely endorsed norms of international law and demeaned the institutions and procedures internationally available for purposes of interpretation and enforcement.]


1– Biden urged Netanyahu to reach “immediate ceasefire” in Gaza and called on Israel to act in the “next hours and days” in the face of the humanitarian crisis in Gaza. How do you see that?

Biden’s call for concrete steps to ensure that humanitarian assistance reaches Palestinians in Gaza comes very late, given a geocidal assault on the civilian population that is in its sixth month. Also, the effort to persuade Netanyahu to reach a ceasefire was not elaborated with the same urgency or seriousness as the humanitarian insistence on allowing aid to reach starving Palestinians. A cessation of Gaza violence has long been vital if further devastation of Palestinians is to be minimized, if not avoided, as the International Court of Justice (ICJ) in its January 26 Interim Order decreed in support of South Africa’s plea for Provisional Measures as a response to its preliminary conclusion that it was ‘plausible’ to regard Israel’s violence in Gaza as genocide, the highest international crime that cannot be excused because of claims of self-defense or national security. It is notable that legal absolutism when it comes to genocide is supported by near unanimity among the 17 judges composing the adjudicating panel of jurists, and including judges from the United States, Germany, France, and Australia whose governments had supported Israel’s response to October 7. The ICJ was widely applauded for following the law rather than flags of nationaal allegience, analyzing facts and relevant norms of international law despite the face that the Security Council failed to implement its Interim Order and Israel defied its Interim Order. What the ICJ ordered jnfluenced the symbolic domain of international by legitimating concerns about genocide in Gaza and legitimting the resolve of civil society groups.

Biden’s highly publicized move seems primarily motivated by two developments other than a late surge of empathy for Palestinian suffering: first, shifts in US public opinion away from unconditional support for Israel, which are endangering his prospects for victory in the November presidential election and the fact that Monday’s clearly deliberate attack on the aid convoy of the World Central Kitchen resulted in the death of seven Europeans, sparking media outrage and anger among those governments that had been among Israel’s supporters. No such anger in Washington or hostile media attention were given to prior and worse atrocities responsible for mass casualties among children and women so long as the victims were Palestinians. The surfacing of these concerns, especially in the US, help explain why the public disclosure of the Biden/Netanyahu phone call occurred with official blessings. Such sensitive tensions between previous allies are not normally addressed with such transparency. Such diplomatic moves are considered more effective if carried on secretly, or at least discreetly. Biden evidently was more concerned about winning back Democratic Party voters and reassuring European allies that Western lives should be treated as off-limits for Israel in the future.

Even more disturbing was the explicit support given by Biden to Israel’s recent provocative actions directed at Iran during the 30 minute phone call. The leaders spoke in the aftermath of a targeted attack on April 1st that killed seven Iranian military advisors (including three commanders) while they were present in Iran’s consular building in Damascus, a location entitled by international law to immunity from attack.

Such provocations risk a devastating wider war. Iran has declared its intention to retaliate rather than be passive in the face of Israeli military strikes and assassination of prominent Iranian military commanders, and other violations of Iranian sovereignty by Israel. Given this background, Biden publicized reassurance of support for Israel’s provocations acts as a signal to Netanyahu, facing frustrations in Gaza, rejection by Israelis, and possible imprisonment in Israel on past charges of corruption, to embark upon a wider war with Iran in ways that will exert great pressure on the US to become actively involved in the military operations likely to result and divert attention from policy failures of Israel during these past months.

2—How do you analyze this intensifying of pressure by United States against Israel now?

It seems belated, and partial at best, and easily managed by Tel Aviv without any changes in its approach to Hamas or Palestinian statehood. As suggested, it could tempt Netanyahu to embroil Israel, but also Iran, in a regional war with global dimensions. As suggested, Netanyahu is extremely unpopular among Israelis, with growing protests against his leadership. These factors undoubtedly creates temptations on Netanyahu’s part to divert attention from the failure of Hamas war policy, both as a military operation and in making Israel a pariah or rogue state in the eyes of the peoples of the world, and an increasing number of governments in the Global South.

Given reports of Netanyahu’s defiant response to these ‘pressures’ from the US are coming  come too late and even now have an ambiguous impact, taking too abstract a form, not including an arms embargo or international peace force, and not raising even a possibility of support for UN-backed sanctions. I would conclude that Biden’s much publicized warning to Netanyahu presaging a US shift will not have significant humanitarian or peacemaking influence on Israel’s resolve ‘to finish the job’ by an attack on Rafah that produces devastation and many casualties in that beleaguered city giving hazardous shelter to more than ten times its normal population of somewhat more than 100,000. And could, paradoxically make things worse if Netanyahu seizes upon Biden’s apparently unconscious message to Tel Aviv that the time may have come to shift the eyes and ears of the world to a confrontation with Iran.

3- I am preparing a special article on 6 months of war. How do you evaluate the impact of the last 6 months in the efforts of a peace process in the future and in the relations between Israel and Palestinian people?

At this point, there seems no credible positive scenario for future Israel/Palestine relations. An Israeli consensus, not just the government, is deeply opposed to the establishment of a viable Palestinian sovereign state while the world consensus insists on establishing a Palestinian state with international borders and the enjoyment of equal rights in all respects, including security as Israel. The Palestinian people have not been consulted by either side of this nationalist cleavage and seems more and more inclined to opt for a single secular state with equal rights of both peoples as long favored by independent Palestinian intellectuals such as Edward Said.  

The UN attempted to impose a two-state solution in 1947 without taking account of the Arab majority indigenous population, and it led to failure, periodic wars, and much suffering. In my view, a sustainable future for both Palestinians and Jews depends on a peace process, with neutral international mediation, and respect for the right of self-determination in the framework of negotiations between legitimate, self-selected representatives of both peoples acting in a unified whole of their own devising.

At present, neither Palestine nor Israel, for differing reasons, is in any position to represent their respective constituencies in a manner that is either legitimate or effective. More specifically, Palestine remains divided between the PLO/Palestine Authority leadership in Ramallah and Hamas in Gaza, with additional elements seeking participation in representing the Palestinian people, including the 7 million refugees and exiles. Israel, in contrast, has had a coherent political elite during most of its existence, but now must act to soften tensions between religious and secular constituencies that have been intensifying in recent years to be a credible partner in the search for a political compromise that clears the path to sustainable peace for both peoples based on coexistence, equality, and effective internal and regional security arrangements jointly administered. Stating these conditions highlights how difficult it will be to make the transition from apartheid/genocide realities to the sort of solution roughly depicted.

The South African case, although vastly different, is instructive. It points to two factors that make what seems impossible happen in circumstances that swwm hopelesss: the release from prison of a unifying leader; a majority recognition that a win/win outcome for both peoples rests on genuine compromise and non-interference by third party governments and international institutions.