Archive | January, 2024

EMERGENCY LONDON CONFERENCE OF GLOBAL INTELLECTUALS OF CONSCIENCE ON JANUARY 27, 2024 TO STOP GENOCIDE IN GAZA

27 Jan

[Prefatory Note: Program of London Conference of Conscience and Concern to Stop Genocide held on January 27, and live streamed and recorded for later distribution; it comes the day after the historic ruling by the ICJ on South Africa’s request for Provisional Measures to stop genocide.]

EMERGENCY LONDON CONFERENCE OF GLOBAL INTELLECTUALS OF CON-SCIENCE ON JANUARY 27, 2024

Opening Session

09.30-10.30

Ahmet Davutoğlu, Former Foreign Minister and Prime Minister, Türkiye; Author of Strategic Depth

Richard Falk, UN Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967 (2008-2014), Professor of International Law Emeritus, Princeton University, Chair of Global Law, at Queen Mary University of London, UK, Department of Law

Coffee Break: 10.30-11.00

Session One: Realities and Prospects.       11.00 -12.30

Depicting the Ordeal: Including Clear and Present Dangers of Present Stalemate—from forced dis-placement across borders—ethnic cleansing, prolonging genocide

Moderator: Hilal Elver, Professor of International Law, UN Special Rapporteur on Right to Food (2014-2020), Türkiye

1.Izzeldin Abuelaish, Doctor, Author, Palestine/Canada;

2. Avi Shlaim, Historian; Author of The Iron Wall: Israel and the Arab World, Oxford,UK / Israel

3. Mustafa Barghouti,  Physician, Human Rights Activist, Political Leader, West Bank, Palestine, 

Coffee Break: 12.30-13.00

Session Two: Towards Action          13.00-14.30

Realistic commitments to action beyond words, what civil society can do to uphold international law and findings within UN, and on its own to mount pressures to push Israel to end its Gaza onsla-ught by immediate ceasefire, emergency relief and reconstruction campaign, and political admi-nistration of Gaza and restraint of settler violence

Moderator: Mustafa Ceric, Grand Mufti Emeritus of Bosnia, President of the World Bosniak Congress Bosnia and Herzegovina

  1. Ramzy Baroud, Author, Academic, Editor of The Palestine Chronicle, Palestine/ USA
  2. Phyllis Bennis, Journalist, Author and Social Activist, Institute of Policy Studies, Australia;

3. Walden Bello, Philippines, Professor, Activist, and Politician

4.  Usman Bugaje, Professor, Former Chair, House Committee on Foreign Affairs’ Nigeria’s House of Representatives, Nigeria

5. John Whitbeck, International Lawyer and Author, Paris

( Maybe Zoom:  Tu Weiming, Member of UN Group of Eminent Persons for the Dialogue Among Civilizations, Professor Emeritus, Harvard University, USA; Founding Director of the Institute for Advanced Humanistic Studies, Peking University, China)

Lunch: 14.30-15.30

Session Three: Empowering of the UN; Peoples Tribunal of Conscience     15.30-17.00

An exploration of more ambitious action projects that seek to create a greater awareness of full sco-pe of Gaza Criminality, and UN reforms that could do more to prevent any future recurrence of ge-nocide or other severe international crimes.

Moderator: Avery F. Gordon, Professor Emerita University of California Santa Barbara, USA;

1. Richard Falk

2. Penny Green, Professor of Law and Globalization, Director, International State Crime Initiative Queen Mary University of London.

3. Maung Zarni, Human Rights Activist, Non-resident Fellow, (Genocide) Documentation Center – Cambodia

4.  Jan Oberg, Chairman of the Transnational Foundation for Peace and Future Research, Lund, Sweden.

5. Asli Bali (Video message) Professor of Law, Yale University, School of Law.

Coffee Break: 17.00-17.30

Closing Session / Press Conference : 17.30

Moderator: Victoria Brittain, Former Associate Foreign Editor of the Guardian, Part of Founding Committee of Palestine Festival of Literature, for first 11 years organiser of the Palestine Book Awards, UK

  1. Ahmet Davutoğlu
  • Richard Falk

Genocide & Empire: Geopolitical & Geoeconomic Dimensions

24 Jan

Welcome, everyone. My name is Dr. Piers Robinson. I’m the research director for the International Center for 9/11 Justice. Today we are holding a symposium on geopolitics and the war on Palestine, titled Genocide and Empire.

Now, IC911, for those of you who aren’t familiar with this organization, is a nonprofit organization which has been set up in order to research and investigate issues surrounding 9/11—the 9/11 event. As you can see on the screen, we are engaged in a variety of activities, including public education—getting information out about what happened on 9/11 in a recent film, Peace, War and 9/11, on the late Graeme MacQueen, which people can view for free. 

We’re also engaged in activism—supporting, for example, the Campbell family in their quest to gain a new inquest into the death of Geoff Campbell on 9/11.

And we’re also involved in facilitating and encouraging research into 9/11-related issues.

And we have The Journal of 9/11 Studies, hosted at IC911.

Now, one of our remits is to understand 9/11 better, to educate people about what happened on 9/11, but also to look at the consequences of 9/11. And, obviously, 9/11 itself was a key initiating point for a series of regime-change wars in the international system—in the Middle East primarily.

And you can see there on the slide—just as a little reminder here of the relevance of 9/11 to what we’re seeing today in the Middle East, in Israel and Gaza—these are two documents produced by or released by the Chilcot Inquiry in the UK and the communications between Tony Blair and President George Bush.

At the top there you can see discussion about Syria and Iran and a discussion about when it is optimum to engage each of these countries militarily. The quote there is: Well, if we’re going to topple Sudan, if that’s our priority, then we better do that with Syria and Iran in favor or acquiescing, rather than hitting all three at once.

And what you see there, obviously, is a discussion about the regime-change wars, which we know were being planned prior to 9/11 and which are documented in the Chilcot Inquiry and from other people who’ve spoken out about that. This was the planning that was going on in the immediate aftermath of 9/11—within weeks of that.

You can see below there’s another truth quote from the same document: Tony Blair talking about the Middle East being set for catastrophe—again, immediately in the aftermath of 9/11.

And this really goes to highlight the importance of 9/11, I think, in terms of setting the scene for what we’re seeing now in the Middle East. The conflict and the violence and the potential for escalation we have at the moment is very much part of events which were set in a process, which were set in train, around 9/11.

So, this is highly relevant for us as an organization to be looking at. We want to look at 9/11. We want to look at the consequences and also help people understand events today through an understanding of 9/11.

And so, this is what we have today. Today we’ve brought together a fantastic lineup of experts to speak about the current situation between Palestine and Israel and the situation in the Middle East.

We have Professor Richard Falk, who is an expert on international legal matters. He was UN rapporteur for Palestine in the United Nations.

We will also have Atif Kubursi, who’s a professor of economics—an emeritus professor from McMaster University. [Atif] also worked in the United Nations. He’s going to be talking through some of the resource and economic components of the conflict we see in the Middle East.

We have Kevin Ryan, who is a board member of IC911. He’s a 9/11 whistleblower and currently editor of the Journal of 9/11 Studies. He’s going to be talking about structural deep events and state crimes against democracy.

We’re also going to have Dr. Aaron Good, who runs the American Exceptionpodcast. His thesis, his PhD, was on American Exception, Hegemony and the Tripartite State. And he’s going to be talking about understanding October 7 and the current situation in the Middle East, as it potentially is a deep state event.

And finally, we will have Vanessa Beeley, an independent journalist who has deep and rich expertise on the Middle East. She’ll be talking about the broader geopolitical picture and where things are going in the Middle East.

We will finish with a roundtable discussion.

Genocide and Self-Defense under International Law

ge richard falk

As a supplement, read Professor Falk’s latest interview: “Probing the Depths: Roots of Unspeakable Crimes in Gaza–Criminality and Complicity

Dr. Piers Robinson:

Now I shall turn straight to Professor Richard Falk, who is going to be talking to us about genocide and self-defense under international law. As I mentioned before, Richard is a renowned international expert, the rapporteur on the Palestine case for the United Nations, and he’s going to talk to us about the question of genocide, what we’re seeing at the moment, the question of self-defense, and where we’re going in terms of the International Court of Justice and the South African attempts.

So, Richard. . .

Professor Richard Falk:

Thank you, Piers. I’m very honored and pleased to be part of this panel, and I think it’s very crucial to link the genocidal events in Gaza—and in a sense in all of occupied Palestine—to the configurations of empire in the post-9/11, post-Cold War international environment. And not forgetting the Ukraine dimension while we focus on the Middle East.

The Hamas attack on October 7 is itself surrounded by suspicious circumstances of Israeli foreknowledge—and therefore allowing these horrific events to unfold and being very slow to respond to the actuality of the attack, and the quickness with which it converted a limited instance of Palestinian resistance under Hamas’ leadership into the pretext for launching this vengeful and genocidal onslaught on the civilian population of Gaza.

That’s a shocking sequence of events on its own. And then, when you consider the magnitude of the violence that’s been inflicted on Gaza and the population—the whole of the population—you have to understand that this is a horrific, transparent, and, in a way, original confrontation with the crime of crimes: genocide.

In the past, genocides have been known mainly in retrospect and indirectly. We have not had the experience unfolding before our eyes on nightly television. The imagery of bombing hospitals and refugee camps, of babies being buried in mass graves, is something grotesque that not only is occurring as a result of Israeli actions, but enjoys the complicity of important countries in what I would call the settler colonial states of the US, Canada, Australia, New Zealand, plus the main members of NATO, which include Germany, the UK, and France, who are also colonial powers. And so, this has to be seen as part of the post -colonial effort by the global white West to maintain hegemonic control over the whole world system.

If we look at the casualties and the damage that has been done in Gaza up to this point, in the three months that these horrendous events have unfolded, and multiply them proportionately to the population of a country like the United States, which has supported, materially and diplomatically, at every stage so far, the occurrence of such violence, we would multiply the death totals of over 20,000 by 175 to take proportional account of the relative populations. That’s a shocking total and [is] predominantly civilians, and seemingly having only a marginal connection with Israeli security.

If Israeli security was the dominant motive, they would do differently what might prevent some similar act of resistance to take place in the future. They would, first of all, correct the bureaucratic process that led to the so-called “security lapse.” That would probably be sufficient to reestablish their security. They would also try to accommodate the needs of the people of Gaza by lifting the fifteen-year-old blockade and make any acts of resistance seem less like a jail breakout than an isolated instance of violence.

When we look at the Genocide Convention itself, we see that both Israel and the United States and the leading NATO members and those settler colonial states are all parties to that convention, which was viewed as a key element in creating a kind of wall against a repetition of what happened in the Holocaust. And what we’ve seen, not only in Gaza now but elsewhere, in Rwanda, in Myanmar, is an inadequate capacity to implement the intention of the Genocide Convention to prevent its recurrence.

But what is clear is that the facts of bombing so indiscriminately and so persistently and disproportionately, in opposition to international humanitarian law, the civilian population of 2.3 million Gazans creates the factual foundation of the genocidal allegation. That factual allegation is reinforced by the statements of the highest Israeli leaders—Prime Minister Netanyahu, President Herzog, and Minister of Defense Yoav Galant.

All of them have articulated views about the total decimation and devastation of Gaza, the destruction of up to 80% of the housing in northern Gaza, which was part of a deliberate policy of forced evacuation with the evident intention of ethnic cleansing. In other words, all the evidence we have points to the fact that the October 7 Hamas attack served as a pretext for the completion of the Zionist project by the dispossession by Israelis of Palestinians living not only in Gaza, but [also] in the West Bank, which has experienced unrestricted settler violence in this period and has also suffered unusually severe casualties during this time.

So, what we have is a transparently evident instance of genocide that has been defended very weakly and without substantive argument as a case of self-defense. We know from international law that self-defense does not allow the state that claims it to engage in disproportionate and unlimited violence or to commit what would otherwise be crimes under the cover of claiming self-defense.

And, in this instance, the claim of self-defense is particularly weak, because Gaza and the West Bank are occupied territories under the administrative responsibility of Israel as the occupying power since 1967. Israel has not implemented the unanimous Security Council Resolution 242 back in 1967, which called upon it to withdraw to the ’67 borders, and instead has used that period to engage in unlawful territorial encroachments on the occupied territory of the West Bank through its extensive settlement network, which has 650,000 Israelis living there and is really the death warrant of any realistic hope that a two-state solution could be achieved in light of this kind of territorial ambitious expansionism.

So, it’s questionable under any circumstances that a claim of self-defense is appropriate in an occupied territory governed by the Fourth Geneva Convention, because, in effect, self-defense is only tactically available if the combatants are both in some sense political actors of an international status.

You cannot defend yourself against part of what you are administering within your own territory. You can make reasonable claims to establish security or to reestablish security. But, as I’ve suggested, Israel has not tried to do that.

As shocking as these genocidal crimes have been, I find as disturbing the complicity of these countries in the world that have held themselves before international public opinion as models of democracy, as champions of human rights, as supporters of the rule of law. For the United States to undermine its own reputation by supporting this sort of transparent genocide should be shocking to the peoples of the world—and has been, if one takes account of the popular demonstrations all over the world.

These acts of complicity go against the obligations of the Genocide Convention, which require parties to the convention, all of which encompass both Israel and the US as well as the members of NATO and the settler colonial states. All of them are expected, as a matter of law, to take what action is reasonably possible in order to prevent or disrupt the continuation of genocide. They are all perpetrating crimes as an accessory to genocide.

It is an act of shame that they have done little to distance themselves or to actively oppose the continuation of these developments and to use their leverage at the United Nations to disempower the Security Council that sought, by an overwhelming vote of 14-to-1, to establish a ceasefire weeks ago.

This is not only failing to prevent genocide, it’s a matter of facilitating genocide. That should be taken into our political imagination and our moral imagination when we think about accountability for the crimes that are being committed.

South Africa has recently initiated, under Article 3 of the Genocide Convention, its right as a party to the convention to call for the International Court of Justice to impose provisional measures of a character that would instruct Israel, as a matter of International Court of Justice authority, to immediately cease any kind of violent activity that is part of the crime that is being committed and would also consider whether Hamas should fall within the scope of such a crime.

This is a serious challenge both to the complicit countries to stand aside if the rulings that are expected in the coming weeks of the World Court do uphold the South African application that is calling for these immediate measures as a prelude to a decision on whether the allegation of genocide, which is contained in a 94-page document that goes through, in agonizing detail, the facts of genocide that have transpired in this period, starting with the day after October 7.

There is also the question of who will endorse this South African initiative. Turkey, so far, is the only NATO member that has endorsed it. Jordan and Malaysia have joined in that endorsement. And we notice that none of the European colonial powers and none of the settler colonial states have seen fit to uphold a judicial determination of whether action should be taken to prevent this genocide from going on.

So, what is presented to the world is a crisis of implementation and accountability. There’s no doubt that a crime of a high magnitude is being committed and indeed is virtually confessed to be committed, despite Israel’s record of defiance of international law throughout its occupation and its allegations that any criticism, wherever it emanates from, is an instance of antisemitism.

It called the International Criminal Court’s decision to investigate crimes by Israel alleged by Palestine subsequent to 2014, before these recent events—Prime Minister Netanyahu reacted by saying, “This is pure antisemitism,” as if the respected international institution is motivated by such base intentions.

Similarly, they’ve attacked the South African initiative as a blood libel against the Jewish people.

A blood libel was the kind of anti-Jewish allegation made in the early Christian period—that the Jews were guilty of murdering Christian babies. And it was genuine antisemitism of an extreme sort to make these false allegations.

But to contradict what we see before our eyes and call that a blood libel is itself something that suggests an unwillingness of Israel to accept any authority that challenges its policies, however unlawful and criminal.

And it has done that throughout the occupation. It has made life miserable for people like me, who acted as special rapporteurs that were expected to report as honestly as we could on violations of human rights associated with the Israeli occupation of the West Bank, East Jerusalem, and Gaza.

So, we have a situation where the prospects of implementing a favorable International Court of Justice decision against Israel will depend on the willingness of the Security Council to use its authority and to take the steps necessary to implement that decision.

And once again that will hinge on whether the permanent five members of the Security Council will either abstain or at least and thereby suspend their right of veto or actually vote in favor of implementing the findings and the orders of the International Court of Justice.

In the longer run, there seems to be a need for some kind of accountability procedure to address these crimes—both the crime of genocide as perpetrated by Israel and the crimes of complicity as led by the US and supported in various ways by the United Kingdom, France, and Germany.

So this is a crisis of not only conscience but of law and the protection of vulnerable people in a world that is beset by a variety of challenges, including the ongoing Ukraine War, and is seeking a new kind of managing the very power and security that doesn’t depend on the unipolar imperial authority that has been exercised by the United States since the end of the Cold War and the implosion of the Soviet Union. A new phase of international relations will emerge out of this crisis.

In bringing my remarks to a close, I would also say there’s a great danger that Israel will seek to widen the war in the region, because it will be cornered politically, which is beginning to be evident in some of the violence beyond the borders of Gaza itself.

And it’s cornered because it can neither prevail and convincingly declare some kind of victory that is credible nor can it afford to lose, given the investment it’s made in terms of its own law, the lives of Israeli soldiers and citizens, and the damage it’s done to its global reputation.

It’s no longer a legitimate state after this form of sustained behavior. It is condemned almost universally. The peoples of the governments that are condemning it are seeking to exert pressure for some sort of implementation. So, there is this moment of crisis and appeal to the peoples of the global West to rise in a way that exerts pressure on their own governments to take international law seriously, to promote, at this late toxic stage, justice for the Palestinian people.

Let me stop there.

Dr. Piers Robinson:

Thank you, Richard, for that forensic and unequivocal assessment of what is happening at the moment in relation to the question of genocide. We’ll also have many questions at the end in the panel discussion. It just strikes me that the weaponization of the term “antisemitism” I think is wearing thin given what we’re seeing in the Middle East at the moment.

That was a fantastic presentation. Before we turn to Atif Kubursi—for me to introduce him—I just want to send a quick reminder. People can ask questions for the panelists, and we will try to include some questions in the panel discussion at the end. And there’s an email link on the website showing where you can send the questions to. So please do feel free to send questions and we’ll try to field some of them at the end.

Oil, Canals and Trade Routes: Economic Factors Underlying the Ongoing Genocide

ge atif kubursi

As a supplement, read Professor Kubursi’s latest article: “This Genocide is also about Oil, Canals and Trade Routes

Dr. Piers Robinson:

Now, we turn to Professor Atif Kubursi, who is emeritus McMaster professor and an expert on economics.

We’ve had an extremely detailed and careful analysis of the legal situation, and Atif is going to talk to us about the economic underbelly of this conflict, trying to understand what we’re seeing at the moment in terms of questions of resources and so on.

To keep on time, I won’t go into too long an introduction to Atif. He’s a very renowned international expert in economics. As I said before, he’s worked in a United Nations capacity.

He has great expertise. We look forward to what you have to tell us now, Atif, about the economics of the situation.

Atif.

Professor Atif Kubursi:

Thank you very much, Piers, for your kind introduction. I’m delighted to be part of this distinguished panel here, and I see that my presentation is quite complimentary to what Professor Falk had presented.

The issue here is that the events that happened on October 7 and the justification and the reactions call into question some of these events in a way that asks why they happened—why did they happen the way they did. How a country that has such sophisticated, advanced technology and that is very concerned about security would allow something like this to happen. And for the reaction to take so long to come forward. And then the scale of the reaction and the onslaught—the incredible toll of the civilians—particularly children and women and all people. 

The issue, as Professor Falk mentioned, is part of the Zionist attempt to try, as much as possible, to complete, so to speak, the Greater Israel project and to expand and to grab more land. And then the declared objective is that we have to dismantle Hamas for the sake of the security of Israel and we have to liberate the hostages and we have to make sure that no future scale attempt of this sort would ever happen.

These are the declared objectives. But then, how would you explain this incredible carpet bombing, this huge reaction, this heavy toll, the likes of which we have never seen. Even Dresden did not suffer what Gaza has suffered. And the number of deaths and wounded. And the scale of transferring people from one side to the other is unbelievable.

But what’s more important are the undeclared objectives. What seems to be the case here is that there is an attempt to make Gaza unlivable. That there is really a way, in which Professor Mearsheimer, on December 12, has claimed that the objective here is to flatten, erase, destroy, make Gaza unlivable, transfer the population of Gaza, empty Gaza of its people.

But why would Israel seek this type of objective? The story here is that it’s only presented as if it’s part of that Greater Israel—the Zionist project that would not be completed until Israel is from the Euphrates to the Nile, as it has been expressed in many areas.

But the story is, there are a number of very credible and very substantive reasons that would make this project to be also in pursuit of the colonial economic advantages. I’m going to mention three major objectives and three major projects that would point out that Israel is seeking some economic gains here. The colonial advantage that has always been part of any colonial project is at play here.

The first and foremost objective is the control of gas in—where you see in the map—the Levant Basin. This Levant Basin is now home to about 122 trillion cubic feet of gas. And this is from the US Geological Survey. This has become extremely valuable, particularly in the aftermath of the destruction of Nord Stream 2 and the withdrawal of any supply coming from Russia in the aftermath of the Ukraine-Russian War.

And this area has also about 1.7 billion barrels of oil. It’s a shared resource. It’s shared between, as you can see, Egypt, Palestine, Lebanon, Syria, Cyprus. And in this respect, one would have expected that this shared resource would be one that would be managed collectively and in the interest of the collective number of countries that are riparian to this.

There are some very important characteristics about gas and oil and about energy that are really quite serious and fundamental. First and foremost, oil [and] gas as fossil fuels are nonrenewable, which means that any time you exploit them today you’re denying, forfeiting the right of future generations to exploit them.

The second, that because they are shared resources, it means, given that they are finite, nonrenewable, that if one party exploits this resource, less is available for the rest of us. And there is no question about it. This seems to be at play here, as I will show what happened with Israel exploiting the Meged oil fields in Area C in the West Bank.

And the other thing is that it’s a fugitive type of resource. Especially gas. It doesn’t stay in one place. The other thing: Being basically underwater, there is no guarantee that there is any consistency of the existence of the resource in terms of the political borders. It straddles all these borders, and they are shared things, in the sense that there was an agreement between Israel and Lebanon about the Karish and Qanaa. And many people felt that this was not really a very good agreement, because there is no way Lebanon, which would become able to produce and lift some of this gas and oil in five years’ time, would find anything. Because if these are really shared resources and Israel is using it now, by the time the Lebanese are able to lift, there would be probably nothing left. There’s no way you can prevent a party to use its only share.

The United States has the same similar situation in Oklahoma and Texas, where oil was found under the ground of many farmers and [other] parties. What they really found to be important—and this really was according to a great economist, Ronald Koz, who got Nobel Prize for it—is that you have to unitize. Unitize: By this we mean that no party is allowed to lift or to use this resource without the acquiescence and sharing with the rest.

And what would you do is you allow one party, on behalf of the collective, to exploit it in the most efficient way. Because if each one were to pierce a hole and lift it, it would dissipate the natural flow and become extremely expensive to do that. There would be basic, major reasons for conflict. Unitization would mean that it would be exploited on behalf of all. All the resources are now exploited by one party and representing everybody, and it would exploit it in the most efficient way. It would lift all the resource and sell it and put it in a kitty, in an escrow fund that would be divvied up among the different parties.

This is not what Israel is doing. Israel is trying to basically and fundamentally make sure that the Lebanese are not getting their fair share and making sure that Gaza is not getting any of its share.

And this is exactly what we see here. It is a situation in which Gaza . . . there are [see map] Marine 1 and Marine 2, and there is an incredible amount of gas, and it’s about only 20 nautical miles from Gaza. Also, in the Oslo II Accord, the Palestinians were given the right to exploit in their economic zone all the way, as you see in this picture, to the very end of that triangle. That should really be the amount that the Palestinians would use.

There were negotiations once it was discovered in 1999. The Ehud Baruch government tried to see that maybe there would be a way in which we could take this gas from the Palestinian wells and send it to Israel—to the Israeli electric company. And the contract was signed with the parties. At one time, Arafat took a group and there was a Lebanese group called CCC—the Consolidated Contractors Company—who invested money to build this pipeline. They would send it to Israel, and this would be put as part of the money that the Palestinian National Authority would use. 

Then Sharon came and said, “No way, we’re not going.” And there was a very evident group of Israeli companies that had lobbied the government, [paraphrasing], “You should not allow them to produce anything, because the money they’re going to get would be used to fund terrorism against us. No country should allow a pipeline of wealth that would be used against it.”

This was at the time where the Oslo Agreement was with the Palestinian National Authority, and they had already arrived at some arrangement. The story of the negotiations—they are detailed in my paper, and I can make it available for anybody to look at—suggests that Israel was trying basically, fundamentally, to deny the Palestinians any use of this resource, in much the same say it denied the Palestinians the use of their oil, which was in Area C of the West Bank. Many residents of the area near Meged said that houses were shaking and were damaged because Israel was literally drilling for oil, siphoning this oil that should really be legitimately used for the economic development of the Palestinians.     

And this is in contravention, as Dr. Falk has written and explained, that the occupier has no right to use the resources of the occupied people, only if it will be used to benefit the people under occupation. But here is Israel taking, siphoning all this oil for its own interest at the expense of the Palestinians’ ability to use this resource.

If this was not sufficient, there are other reasons, and these reasons are incredibly becoming now important and becoming very substantive.

At one time in the 1960s, the US had underwritten a project and got an American company to study the development of an alternative to the Suez Canal. At the time, Nasser had nationalized the Suez Canal and there were troubles from the French and British, who had attacked in 1956. But the story was that the Americans felt that there is no way they can live, accept, and feel comfortable about a very important canal such as the Suez Canal, to be in a way that would be totally outside the command and control and the full exercise of sovereignty of the Egyptians.

The Suez Canal is only 196 kilometers [in length], only 100 meters wide, 50 meters—sometimes less—deep, and allows only one-way traffic. If the traffic is going from south to north, from the Red Sea to the Mediterranean, then there would be no chance for ships to come from the Mediterranean through the Suez Canal to the Red Sea.   

And there was a big problem—the problem being that it needs dredging very often, because it’s in a sandy geological situation and any sandstorm will really fill it up. It needs to be dredged, and it’s becoming quite costly to do that. As you can remember, just a few months back, a very important ship ran aground, and it took days and weeks and big losses, estimated at 10 billion dollars, to clear the canal. 12% to 15% of the world trade goes through this canal. And about 30% of the total container traffic goes through this canal. A bit of the oil that comes from the Middle East, particularly from the Gulf of Saudi Arabia, from Kuwait, from Iran and other countries in the Gulf, goes through the canal as it goes to Europe. And it saves three weeks of travel. I mean the area from Mumbai in India—or take it to China—all the way to London is about 17,000 nautical miles if you go around Africa, but if you go through the canal, you will find that there is really a major saving in time. You will be saving around literally 4,000 nautical miles, which would be about literally three weeks, as I mentioned.

And this is really a major saving in terms of the cost of transporting all these products and energy from the Gulf or from India or from China or from Japan or anything that world trade would be in a very substantive way impacted in the course [inaudible]. Some people are really saying that now, with the Yemenis trying to interfere into the free flow of these commodities going through the canal, are basically and fundamentally imposing a very high cost for the rest of the world. Most people are saying that prices of oil that had dropped to a very low level, now below 70 dollars, may really start to rise—and rise in a significant way.

The Ben Gurion Canal that was conceived in the ’60s, then lay dormant, and then, all of a sudden, the Israelis now are saying, Look, we’re going to build this Ben Gurion Canal, and it’s going to be 200 meters wide, which would allow two-way traffic. It’s going to be deeper by about 10 to 15 and some people say another 50 meters deep, and this would allow much larger, the largest ships that are now unable . . . particularly for the Americans and the Imperial West to have a free flow of their aircraft carriers going through.

Now this is a situation where, if you really build it, which would completely compromise the ability of Egypt to take advantage of it, Egypt derives about 9.7 billion dollars a year, 2% of the Egyptian GDP, and this is not a small amount, and the absence of other alternative, important economic drivers, Egypt would be hurt in a very fundamental way. 

The story here is that, if you look at this map that I have, the original plan was to go from Eliat, which is on the Red Sea, all the way to Ashkelon. But it is still within the reach of weapons in Gaza. And the best and most efficient way you could get this canal would be to go to a straight line, which is the shortest distance, and this would have to go through Gaza.

To a great extent some people are saying, “Okay, what does it really do?” It would save about 40 to 50 kilometers in space. But more important, if you go through the Negev, you’re going through sand. If you go directly through Gaza, the geological structure of the canal would be primarily into a rocky area, which would save all this incredibly cost of dredging, which would be continuous and would allow also to have a wider canal, a deeper canal.

In this respect, there is really a very serious threat that would be presented by this canal. And this canal could really be the most optimal geologically and the shortest distance, which is a straight line, to go directly to the north and Gaza or even southern Gaza, but this would require emptying Gaza.

So, emptying Gaza has now two dimensions:

One, you prevent anybody from Gaza ever claiming gas that would now be totally exploited by Israel in a very serious situation where now gas has become three to four times more valuable than it was a few years back because of the incredible need. Europeans are all coming to Israel in a way they never really came [before] in the hope of laying claim to some of this to replace the gas that they have missed because of the destruction [of Nord Stream], which raises the question of who destroyed Nord Stream and who will benefit from this destruction.  

The other one is that this canal would become really optimal and would be a real substitute for the Suez Canal to the extent that it is in that rocky area that would allow two-way traffic that would be deep and would not be requiring all this dredging on a continuous basis.

If these two [dimensions] are not enough to empty Gaza and to explain why the Israelis have been very adamant about making Gaza unlivable, destroying all the housing infrastructure . . . I mean, one of the ministers has suggested that now when we finish, we should not allow the Gazans to get to a single commodity that would be required for reconstruction. We should make sure they cannot reconstruct, because what we really want is for them to leave. And it would be—this is the farce—a voluntary departure. Of course, they don’t have any homes. But, hey, when you control the borders, you control access to everything coming in. That is really the genocide that Professor Falk was talking about.

This is basically—the intent of the Israelis is to make Gaza an empty space, to make it unlivable, to make sure that people are driven out. They have already . . . the day before yesterday, Israeli delegations went to Rwanda and went to Chad trying to persuade these two countries to accept massive transfers of Palestinians to them, promising them money, promising them weapons, promising support in any shape or form that would allow these to accept this transfer.

The Israelis are still bent on emptying Gaza—emptying Gaza by destruction of the people continuously. Every day you see this violent onslaught of killing en masse—a huge number of children and women.

One would wonder if this attack of “self-defense” is to prevent future events from happening. There is no question this violence is sowing the seeds of future violence. The only one certain aspect about violence is, it breeds violence. What you do today is likely to come back at you in the future. History is rife with examples.

If these two projects are not sufficient reasons to explain why the Israelis—though they have not declared it—have continued to be adamant about occupying Gaza, emptying Gaza, erasing Gaza, making it unlivable so that it would become a very safe place for the Israelis, to prevent them from using their gas, to prevent them from obstructing the most efficient possible way to replace the Suez Canal, there is the third one that’s coming also.

[This third project] is also playing into the hands of the American Empire. The Americans are adamant about creating an alternative to the Silk Road. The Silk Road is a project that China has sponsored and has invested heavily in and has devoted literally billions if not trillions of dollars to create this route that would take it from China all the way to Europe and the Middle East and Africa in a way that will allow the Chinese to sell their goods and services unimpeded and in no way to be subject to any control of the seas.

Iran was also one of the hubs on this Silk Road that would go from China through Asia, Pakistan, and then Iran and then Syria. These are the countries that the United States does not want to get any benefit from. And they persuaded, in some sense they succeeded, but they [inaudible] some doubts about this, that there will be now a multimodal connection between India. It goes all the way to Dubai, from Dubai to Israel, Israel to Europe, bypassing Iran, bypassing Syria, bypassing Egypt, bypassing many of the Arab countries in this.

And why would the Israelis go on such an expensive one? It’s because it’s underwritten by the Americans. The Americans seem to completely have an open hand when it comes to Israel.

At one time, and if you think I’m exaggerating, our friend, Mr. Biden, said that investing 3.6 billion dollars — this is only the amount of money that’s given to the military — is a gilt-edged investment and is purely a good investment. Good in terms of what? Investment is cost. But then it’s really returns. What are the returns America is expecting? They’re basically funding and using Israel as a hegemonic power in the Middle East that would serve to suppress and to contain and to emasculate any possible group that might really work with the Russians or Chinese or any contending and contesting power.

This is part of the hegemonic exercise of the empire and unipolar world. And they find in Israel and the UAE a very willing partner. And some people said that this alternative to the Silk Road has worked in the past few weeks. There are now some concerns that UAE has been sending multiple trucks with fresh food and everything to Israel that goes from Dubai into Saudi Arabia and into Jordan and then into Israel.

The other parties have denied this, but to some extent, the Israelis have been very adamant that this is happening. And now we’re seeing that this route, this alternative, is not an imaginary one but that they are basically, fundamentally implementing it and taking the benefits that could come from it. 

What does this all mean? What it really means is that this war is definitely motivated by Zionist ideology and Zionist aims and designs. But that’s not mutually exclusive with some of the arguments I’m presenting. There are colonial economic and material advantages that Israel is seeking as a return on its investment in this war. And, in addition to eliminating any competition or action from the Palestinian people in Gaza, there would be returns. And these returns are very lucrative.

There is no question. The total value of the Levant Basin: The oil prices of 2019 were about 350 billion dollars. And if Israel prevents Lebanon — or makes it wait and they can siphon it and slant the drilling — and if they can prevent the Palestinians from exploiting their own natural resources and if the Israelis can use them and if they would get their hands on a very lucrative bundle here and the amounts that are some people really saying with the rise of the price of gas due to the Ukraine-Russian War that these values have risen more than three to four times and then the oil that you will get.

That’s not only energy sufficiency but creating Israel as a petro-state or a gas state with an empire and an important, lucrative investment that would return a huge amount of rents to the Israelis. And if this was not sufficient then add to it the alternative of the Suez Canal, and that may be about 10-to-20 billion dollars in terms of shipping fees and the control on being a major power that would connect the Red Sea to the Mediterranean.

And if these two are not sufficient, let’s go to the third one, which is the alternative to the Silk Road, undermining the capacity of the Chinese to supply routes all the way through Asia, to Europe, and to Africa. In a way, Israel has positioned itself by emptying Gaza as a major economic driver and hegemonic control over trade routes that would serve the empire.

I’ll stop there. Thank you.

Dr. Piers Robinson:

Thank you very much, Atif. Economic or resource analysis of what’s going on is so particularly essential because so much of the mainstream popular discussion of these conflicts is purely in terms of identity and so on, and the economics is always hidden from view, certainly for a large section of the public. So, I think that’s extremely useful.

Thank you, Atif, for that presentation.

Identifying Structural Deep Events and State Crimes Against Democracy in Real Time

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As a supplement, read Kevin Ryan’s latest article: “Puzzling Out the Pattern of State Crimes

Dr. Piers Robinson:

We’ve had a discussion, we’ve looked closely at legal issues, we’ve looked at the resource economic underbelly of the conflict, and we’re now going to move with Kevin Ryan into thinking a little bit more about some of the other hidden, deep state, deep event aspects of this—the question of deception, the question of instigation or exploitation of events, for various purposes.

Kevin is a whistleblower from the 9/11 event. He is a board member of International Center for 9/11 Justice, editor of the Journal of 9/11 Studies, and author of Another Nineteen, looking at suspects regarding 9/11.

He’s going to be talking to us for about 20 minutes, looking at, in a sense, some wider conceptual theoretical ideas about structural deep events, state crimes against democracy.

I’d like to welcome you and hand it over to you, Kevin.

Kevin Ryan:

I’m very grateful to be here among such distinguished company. And as Dr. Robinson said, I’m a member of the board of the International Center for 9/11 Justice that’s sponsoring the symposium along with UK Column. The International Center is dedicated to, among other things, establishing an accurate account of the crimes of September 11, 2001. We’re also committed to identifying and studying similar events. If anyone listening is not aware of the evidence that 9/11 was a deception, please go to our website, IC911.org, where you can find much information about that.

I’d like to begin the day, though, with a quote from a physicist. Paul Davies is a quantum theorist who said: “It’s a new perspective, not a new piece of information, that leads to intellectual revolutions.” Many of us have found that studying 9/11 and the crimes of 9/11 provides that sort of new perspective. But it’s not comfortable.

One way to describe part of this new view is that the oligarchy that rules us terrorizes us on occasion to facilitate its own objectives. And this leads to the questioning of every new narrative that we receive from the mainstream media and from government.

After 9/11, I began to question every terrorist act that occurred over a period of twenty years. For example, in 2015, I evaluated all of the terrorist acts across the world, including in France and Denmark and Australia and the United States. I found that there was a pattern to these terrorist acts that included the fact that the evidence for the official account was very weak and very convenient, that any other evidence that didn’t support the official account was ignored, [that] the suspects were of course dead immediately, and [that] there was an immediate attempt to associate them with Islam. There had been military or law enforcement exercises that mimicked the events, either coinciding with the events or preceding them, and, of course, there were very quick actions in response, without thorough investigation.

So, what I found is that 9/11 and the other terrorist events during the global war on terror fit this pattern. They’re called “false flag events,” which are acts committed with the intent of hiding the true culprits and blaming others.

Now, false flags are a subset of something called “state crimes against democracy,” which are a subset of what are called “deep events.” But I’ll generally call them “state crimes” in this talk. Or, as with 9/11, I might call them “global state crimes.” 

My question is: Can we detect a false flag, a state crime against democracy, or a deep event as it’s happening? It’s important for peace and security to do so, as well as for our own personal safety and liberty. We also don’t want to be part of the harm that’s being caused by any state crime.

And for these purposes, this is not just an academic exercise. But we do have to define the terms involved in order to detect state crimes. So, I’ll begin with state crimes against democracy, which was defined by Lance deHaven-Smith, a professor from Florida State University who coined the term. He said that they are concerted actions or inactions by government insiders, intended to manipulate democratic processes and undermine popular sovereignty.

Two things jump out to me in this definition. First of all, they can be actions or inactions. So, things that should have happened but did not happen can be state crimes. An example might be the fact that the Roosevelt Administration knew that the Pearl Harbor attack would occur before it did and allowed it to happen. So, inactions—not preventing that attack or preventing the people from being killed—are an example of a state crime against democracy.

And government insiders are involved, according to Professor deHaven-Smith. There’s a fine line between government insiders, government officials, and people who go through a revolving door. We’ll keep that in mind.

Professor deHaven-Smith listed about two dozen of these SCADs, or state crimes against democracy, in his writings and in his talks. For him, all of them were US-based. They included assassinations of public figures, like JFK and RFK and Martin Luther King. They included provocations to drive war, like 9/11. They also included election-related crimes.

One more thing Dr. deHaven-Smith did was, he categorized them into what he called highly confirmed SCADs, mid-level SCADs, or low-level SCADs.

He did categorize them as high-level confirmation of being a SCAD if there were confessions or documents of admission. So, documentation or confessions that stated they were, in fact, state crimes made them highly confirmed.

If they were circumstantial, but also included a cover-up, then he would potentially call them a mid-level confirmed SCAD. That would include, for him, both JFK and the 9/11 crimes.

But I think it’s important to note that we will not likely get confessions in a timely manner for the next state crime or the latest state crime. But my point is that it makes sense to maintain a skeptical view of any new narrative if the current perspective suggests it might be a state crime. A useful, practical perspective, or view, does not require nailing down every fact. It should be continually reevaluated, of course, as new evidence is obtained.   

One thing many of us have heard is that such perspectives are not within the limits of what’s called the spectrum of acceptable opinion. So, we have to be willing to withstand being smeared as a conspiracy theorist if we might consider such perspectives.

The “conspiracy theorist” term is used to deter others from investigating historic events. It implies that criminal conspiracies among the rich and powerful are impossible or absurd. It takes some imagination to buy into that usage.

Professor Peter Dale Scott defined “deep events” and “structural deep events.” He said a deep event is one of hidden or underappreciated relevance to deep politics. Now, deep politics is the business of deep states, and deep states are covert groups that seek to exercise control over governments or nations. Also, deep events are never presented clearly by the media. “Structural” means the event impacts the whole fabric of society. So, a “structural deep event” impacts all of society.   

I’ve noticed that many people can accept the idea of an American deep state—the US deep state. But some people cannot transfer that idea to other countries or to an international or a supranational deep state. Professor Scott was not one of those. He mentioned a number of times a supranational deep state in his writings and in his interviews. He mentioned several organizations that he felt were representative of an international or a supranational deep state, including the Council on Foreign Relations, Cercle Pinay, the Safari Club, and the Bank of Credit and Commerce International (BCCI).   

Professor Scott also identified common modalities of structural deep events. These included the instant identification of the designated culprits, the fact that the suspects had hidden intelligence backgrounds and that they were protected by intelligence agencies. This is all very true for the 9/11 crimes.

But one drawback to the deep event definition is that it’s a retrospective vision, meaning some of these modalities are not seen until years later. We can’t see, of course, what’s hidden or falsified, so we may not be able to call something a structural deep event yet at the same time still have enough perspective to see that it’s likely to be a state crime.

In 2020 I was working as the head of quality control for a gene therapy company, and our laboratories were experiencing what’s called “false positive results” for a test technique called RT-qPCR. This is a form of PCR. It’s a nucleotide testing for analytes such as viruses.

And so, it became interesting to me when I read that a Chinese journal of epidemiology had published a peer-reviewed paper saying that in China the testing for SARS-CoV-2, the virus that causes COVID-19, experienced 50% false positives. That’s quite a bit. It means that every other test that says somebody is infected with SARS-CoV-2 was false. Further confirmatory testing showed that they were not infected.

This led me to look into the test kit being manufactured for the US CDC. I noticed reports in the news that the state laboratories using this kit were experiencing a lot of false positives. So, I looked into the details of the reagents used in the kits—the nucleotide sequences and so forth—and found that they were unable to identify a unique coronavirus. The primers and probes were based on parts of the coronavirus which were highly conserved across different coronaviruses, of which there were already seven common coronaviruses, including the common cold. So, the kit was not testing for a unique coronavirus.

Coupled to this was the fact that there were policy changes in many places that led to the misattribution of death. Anyone who tested positive for SARS-CoV-2 and happened to die,

whether they died of heart disease or cancer or being in a motorcycle accident, COVID was listed if they tested positive for it. COVID was listed on their death certificate. This obviously inflated the numbers that people used.

There was also a redefinition of terms. The terms “pandemic” and later “vaccine” were redefined for the purposes of supporting this agenda that appeared to be being implemented. There were oppressive mandates like lockdowns and mandatory vaccinations and so forth implemented. And soon it became clear to me and many others that COVID was also a global state crime—not just an individual state crime, but a coordinated global state crime.

In September 2020, I gave a presentation on parallels between COVID crimes and 9/11 crimes, and I listed eleven features and outcomes that were shared among the COVID crimes and the 9/11 crimes.

  • I noted that there was media saturation of fear-based messaging.
  • There was insider trading in both instances.
  • There were exercises that preceded the events that mimicked what was going to happen, similar to the false flag terrorist exercises.
  • There was a failure to investigate the origins of the threat.
  • There was an abuse of science and a widespread censorship of dissent.
  • It was clear that the response would kill far more people than the original threat.
  • There were increased mechanisms of population control.
  • And, of course, there was a huge transfer of wealth and a centralization of power.

Both the 9/11 crimes and the COVID crimes shared these commonalities. And there was a similar formula for the terrorism events during the global war on terror.

So, my question is: Can we use a pattern like this to more quickly identify when a state crime is being committed?

We don’t need confessions before we can identify a state crime for our own purposes. What we also don’t need is to convince 100% of our fellow citizens, or even a majority. We need to be able to take measures in our own best interests—for example, rejecting narratives or sources of misinformation or declining oppressive state measures like experimental injections.

Let’s use the Hamas attack on October 7th as an example of a narrative that can be evaluated as a state crime as well.

I noticed that the Israeli ambassador to the UN called these attacks “Israel’s 9/11.” That raised my attention—I’m sure it did for many people—because that means something quite different to me.

But we can ask: Do these attacks match the pattern?

Was there fear-based messaging? I think that’s fair to say. And even more so, it was in the form of atrocity propaganda. You know, babies having their heads chopped off and people being dismembered and burned alive. All of these stories, it was found out recently, originated with the Netanyahu administration, and many, if not all, appeared to be false.

Were there rapid actions taken that facilitated a preexisting agenda? It’s fair to consider that, I think.

Did the response kill more people? Obviously, the response has killed twenty times more, as Professor Falk stated. This is genocidal in response.

Were there exercises beforehand? There were, in fact, exercises conducted by Hamas in July of 2020 that mimicked what would happen on October 7th. These exercises were monitored by Israeli intelligence. Some of them have said that the exercises reflected the attacks fairly well.

Was there insider trading? Recently, law professors at New York University and at Columbia University published a peer-reviewed article that indicated there was short-selling, a form of insider trading, on Israeli companies related to the October 7th events.

We could go on. Was there censorship? Population control? Transfer of wealth?

Professor Kubursi made several remarks related to transfer of wealth, natural resources, and land. The next two speakers will likely shed more light on the details.

Also note that Al Qaeda was a creation of US defense and intelligence agencies going back to Operation Cyclone in the 1970s. And, similarly, Hamas was at least in part created by Israel. So, there are some similarities there as well.

I would just say at this point our current perspective should include the possibility that the State of Israel was involved somehow in the crimes related to October 7th and that they could be considered state crimes.

In any case, we need to know when state crimes are being committed and we need to know as soon as possible, as they’re occurring, to avoid harming ourselves and others.

A pattern does exist for state crimes, maybe not the exact pattern that I’ve described. But whatever the pattern or the set of characteristics is, people need to understand it in order to move to more quickly and reliably evaluate future crises for deception.

If we want to maintain our lives and liberties, we must examine every new alleged crisis, using criteria based on a pattern reflective of the events we know were state crimes.

So, thank you for your attention. I’ll turn it over back over to Dr. Robinson at this time.

Dr. Piers Robinson:

Thank you very much, Kevin. It’s very interesting. Obviously, this question of structural deep events, the question of deception, and so on, is, in the same way as Atif’s presentation, looking at areas and processes that people don’t understand properly. In that case, the economics. In this case, the question of the deep state, the question of these elements of government which are hidden from view. And, really, this central idea that deception, especially with empires, is a central way in which they conduct themselves, how they exercise power—particularly for liberal empires, or empires that like to see themselves as liberal democracies. You have to mislead the public, ultimately, in order to do the necessary dark deeds of empire. So an absolutely essential research area.

Hegemonic Panic: October 7 as a Deep Event

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Dr. Piers Robinson:

Really picking up on this, we will now turn to Dr. Aaron Good, who is going to, I think, be looking at some of the questions and some of the evidence in more detail about deception, about instigation, exploitation, etc., in relation to October 7. Aaron is agreed to do this. As I said, he runs the American Exception podcast. He is also author of a fantastic book, which is based on his PhD, which I’m eagerly reading at the moment, I’m pleased to say. And Aaron’s going to talk to us for about 30 minutes on the issue of deep state and empire in relation to both October 7 and what’s going on at the moment, following that in the Middle East.

Aaron.

Dr. Aaron Good:

Thank you very much, Piers. I have called this “Hegemonic Panic.” And I have a lot here. Some of it is overlapping with Kevin, so I’ll try to skip through some of that, which is actually helpful, because I have more here than I can get through easily, but a lot of it is just data points.

We talk about deep events. These do come from the clandestine state. They’re events that are mysterious, and they seem to come from the covert action apparatus of the government and that we know we’ll never get to the bottom of them. We can ascertain that we are immersed in this because we see a pattern again, where something strange happens, it is politically impactful, it overlaps with at least practices and objectives and aims of the national security state—of imperialism, generally speaking. So, as Kevin was suggesting, we at least reason to suspect that something is a covert operation. If it’s aimed at the US population, it’s a state crime against democracy, and we can identify these.

Now this was deHaven-Smith’s and Scott’s definition of state crimes against democracy, which Kevin just discussed [see slide].    

My own academic work was in part based on trying to form a synthesis between Peter Dale Scott and Lance deHaven-Smith’s work, because I had befriended Lance and got to collaborate with him at a number of conferences and helped him with manuscripts and everything.

And his loss is really devastating for me personally. It was a great thing to be able to talk about these issues and try to work on them in a scholarly way. That was really what I dedicated my PhD to.

In terms of synthesizing these two perspectives, Peter Dale Scott conceded that the SCAD construct, or the idea of state crimes against democracy, was good but that it should be amended to say that it involves other elements that are subvert, that are submerged and not visible. So, it could be like a deep state crime against democracy, essentially. Lance himself said that what he had done with SCAD theory was still lacking a theory of the state or a role in any theorization on the role of economic elites, so corporate power. And so, I set about trying to address these things with my own dissertation, which eventually got published as American Exception: Empire and the Deep State, published by Skyhorse.

Now, there’s another academic here named Willem Bart de Lint. I have not been able to contact him, but it would be good to talk to him. He wrote this book Blurring Intelligence Crime: A Critical Forensics. And he talks about an “apex crime” [as] “a watershed event involving government in the support of a contested political and social order and its primary opponent as the obvious offender, which is then subject to a confirmation bias.”

We have examples of that in US history, where an apex crime takes place: the assassination of JFK. And who did it? The communists, okay? And then the more we learn about Oswald, it seems that he was pretending to be a communist on behalf of elements connected to the US government when he defected to the Soviet Union and when he was pretending to be a communist in New Orleans.

Later, notably, when a presidential candidate was going to reinvestigate the JFK assassination—that’s Robert Kennedy—he was killed. And the patsy, in this case, was Sirhan Sirhan, a Palestinian who could not have shot Robert Kennedy because Robert Kennedy was shot from point-blank range from behind, from right to left, at an upward angle. Sirhan was standing in front of him. The use of the Palestinian patsy is very significant. It’s no coincidence.

I’m just going to run through these [points]. I don’t have deep knowledge about them, but I noticed them myself, because I always think in terms of these patterns now when I see an event like this.

Kevin mentioned some of these—and I’m not going to go into detail about them, but there’s a lot of evidence that:

  • Israel knew about this plan quite a while ago and that such an attack would be hard to keep totally secret. So, people suspect they had foreknowledge.
  • People have documented suspicious insider trading—evidence that points to insider trading, which indicates foreknowledge as well.
  • The friendly fire aspect. How much of the death count of the Israeli civilians actually came from the Israeli military response, which is a very open question.
  • A related question is, was this not just friendly fire, but was it actual policy? Was it the Hannibal directive, wherein the Israeli military does not want Hamas—or Palestinian groups at all—to be able to have Israeli hostages, especially Israeli military hostages. They will kill them [the hostages] when they are fleeing rather than allow them to have [Israeli] hostages. So, was that the calculation made on the night of October 7—that they would rather them not have the hostages, and a high death count, they could just blame it on Hamas, and it will allow them to pursue a preexisting agenda.
  • A lot of false reports in the media of atrocities: the decapitated babies, etc., etc. A lot of propaganda and disinformation and it’s all slanted, typically in one direction.
  • The treatment of the hostages does not suggest that Hamas would have slaughtered all of these people and sexually tortured and mutilated people. The reports from the hostages are that they were treated very well. That doesn’t seem to make sense. Nor does it make sense that [Hamas] would commit those atrocities, given that hostage-taking has certain political objectives that we can discern and that would be undermined by wanton atrocities.
  • There’s the tricky problem of the fact that Hamas seems to be generally a creation of Israel—that they were backed and boosted by Israel. It’s not that the members of Hamas don’t have genuine, legitimate, deep-seated grievances towards Israel, but Israel seems to have created this group. There’s documentation of this. It’s been written about by mainstream people, such as Mehdi Hasan, who is as corporate and mainstream as it gets. But he has written that Hamas is useful as a foil for Israel, it’s a way to prevent the creation of a Palestinian state, it creates an unsympathetic actor, and it undermined the PLO. That was the thinking at the time.        
  • Additionally, we know that they wanted to expel the Palestinians beforehand. An Israeli official leaked a think tank paper that was commissioned by Israeli intelligence. It looked at different options to handle the Palestinian problem. But the one that they end up saying is good is Option C: evacuation of the civilian population from Gaza to Sinai.
  • There’s the longstanding opposition to Palestinian statehood. The fact that many people like Netanyahu are on the record saying, “Support Hamas, because that will keep a Palestinian state from forming” or “It’s been good that we have supported Hamas, it’s been good that we have done these things to keep a Palestinian state from being formed.” They are hellbent on this. They believe in the Greater Israel, which cannot but be created only with massive war crimes tantamount to genocide, which we are seeing now. 

Now, this issue of war and the deception that creates it, this is a recurring theme in imperialism, especially Western imperialism. It just happens again and again. There’s all these cliches about “the fog of war” and “the first casualty [of war] is truth” and all of this. Typically, these wars are fought because one side wants to fight a war, and typically they need a pretext as well.

So, I just want to run through some of these pretexts of modern Western imperialism. I’m going to focus on the US side—but others as well.

  • The Thornton Affair [1845]. This is how we were able to steal California from Mexico. This is the pretext used to launch the Mexican-American War—a very dubious war. Even Abraham Lincoln questioned it at the time, when he was a Whig congressman.
  • The assassination of Queen Min [1895]. This takes place in Korea. This was when the Japanese had adopted Western imperialist tactics. Basically, they’d become as vicious as us. They studied our industry and they studied our imperialism and they had what was something of an intelligence outfit: This Black Ocean group pretend to be Koreans and they kill the Queen of Korea. This is a colonial war. They’re trying to set up a colonial empire, just like the West.
  • The USS Maine, of course, gets blown up [1898]. This is infamous. It helps to fuel America’s desire to fight the Spanish-American War and get its first overseas colonies.
  • The assassination of Archduke Ferdinand sparks World War I [1914]. The Serbian group, Black Hand: People have suggested or found evidence that points to them being related to the British Empire. Was this some sort of pretext or event or a catalyst that was staged by the British? It’s quite possible, to me. I wouldn’t put anything past the British.
  • The Mukden incident in Manchuria [1931] is used by the Japanese imperialists—the fascists, basically, running Japan—to have an excuse to intervene more heavily in Manchuria.
  • The Reichstag Fire [1933] is infamous, of course. The Nazis used this to seize absolute control in Germany. It’s worth noting that at Nuremberg it was established that the Nazis had done this. And then, after the fact, because some of the people that were probably responsible for this were in the government, it was embarrassing. And so there was this new history contrived, wherein the communist patsy, Marinus van der Lubbe, had really set the fire himself. But Peter Dale Scott has a good dossier on this that he’s compiled over the years. It’s just not the case. Now notice Jacobin. This is a good example of how feckless the left is in the United States—the establishment left, the left that has any institutional support. The headline, “How the Nazis Exploited the Reichstag Fire to Launch a Reign of Terror.” Well, at Nuremberg, they found that the Nazis set the Reichstag Fire, but this is something that the left defers to authority. We have the most docile left in the United States. Whatever the state tells them is the truth: “OK, yes, sir.” 
  • The Gleiwitz incident in Germany [1939]. This is Germany with the Nazis, who had their own particular ethos, right? But even they need to have a false flag to be able to invade Poland, because you need a pretext. No matter how vicious you are, it seems you need at least an excuse to go to war. So, they had people dress up as people attacking the Germans, so the Germans could go into Poland. We know this pretty well.
  • Pearl Harbor [1941]. Of course, there’s no need to go into that. Foreknowledge: how much was there? That is the event that leads to US entry into the war, US victory in the war, dropping the bombs on Japan, and then the US becomes the global hegemon of the so-called free world.
  • The Gulf of Tonkin incident [1964]. A very dubious event, of course.
  • [Suharto’s US-backed coup in Indonesia, 1965]. A major, major massacre overseas, which I think is worth mentioning—because it involves a mass slaughter—is the massacre in 1965, which followed this bungled coup attempt. The more you look at the coup attempt—especially if you look at the work of Peter Dale Scott or Greg Poulgrain . . . Peter’s work in 1985, this paper, this essay in Pacific Affairs journal, which is Canadian. He couldn’t get it published in the American one; it was too sensitive. He found that the CIA and one of its backers with this Lockheed bribery scandal began shifting payments months before this strange coup that failed. Months before this happened, the CIA had shifted its funding—these bribes—[given] to a backer of Sukarno to [instead] a backer of Suharto, who would be used to basically depose Sukarno and afterwards murder half a million, one million, three million. We don’t even know how many people were tortured to death in Indonesia. I recommend watching Joshua Oppenheimer’s “The Act of Killing,” if you haven’t seen that documentary on this subject. But notice, again, Jacobin—the establishment lefty scholar that says here—Michael Vann is interviewed, and he says, “Some of the American-focused scholarship in a way denies Indonesian agency and underplays the Indonesian role in these events.” So, this is a trope among what passes for the left in the United States. With these covert actions and deception operations, they don’t want to accept that these things happen. And one of the excuses they use with a covert operation is, if you say that was a covert operation, then you’re taking away the agency of the Indonesian people. Somehow, it’s the nice thing to do—to say it wasn’t the CIA. I don’t understand how this logic takes root in the academy, but I think it has to do with the hegemony of the empire and how covert action is so delegitimizing. That’s why they make it covert. They want to say they’re not doing it because it’s usually something very sinister. So, this is something we’ve got to deal with. The academics are not going to help us, because they’re part of the establishment.
  • The Yom Kippur War in 1973 is a strange war when you stop and think about it because the two sides, the Saudis and the Israelis, were basically on the US side by that point more firmly. You had these gas shortages at the time—because of this war. And the price of oil explodes. This is a pretext for a massive increase of oil that people like Henry Kissinger had already been trying to orchestrate, according to no less an authority than the Saudi Minister of Oil at the time. He said the price increases were desired by Henry Kissinger. It does say that it shores up the dollar after [the] Vietnam [War] had brought down Bretton Woods.

Now, another aspect that we should look at in this chronology, which takes us up to the present day and which has made me rethink . . . all of these things have made me rethink the role of Israel in US foreign policy. George H. W. Bush in 1992 ran afoul of the Israel lobby. There’s an article on it in The Times of Israel. He lost 24% of his Jewish backing after confronting Israel over settlements—”a lesson that US leaders since have taken to heart.”

One of the most controversial moments is when he delayed Israel loan guarantees until it halted its settlement building in the West Bank and Gaza and entered into a peace conference [with the Palestinians], which would later become known as the Madrid Peace Conference.

This is George H. W. Bush saying: The US will cut off aid to you if you do not return to these negotiations for a Palestinian state. He was looking to solve the Palestinian problem and the Israel-Palestine crisis at the end of the Cold War, because he saw it as antithetical to US long-term interests in the region, just like Eisenhower did when he intervened in the Suez Canal crisis. There’s always been a balance that the US tried to strike for geopolitical reasons. And H. W. Bush is no hero or great humanitarian or anything, believe me. I’m totally aware of how sinister he is. And so this makes this all the more remarkable that this person, this nexus of the American deep state, the Yankee oil people, and then the Western cowboy military-industrial complex faction, he seemed to unite both of those. But he still had problems with this Israel contingency, and it may have contributed to—it may have been decisive in—having him lose his reelection. So, he made clear the cost. His case makes clear what happens to you, that if you fight all these pro-Israel groups, you could go down. He had a 70% approval rating, and then he ends up losing. It’s really remarkable.

Now, at the same time, we have this other big issue, which is the emergence of a move for multipolarity. This article is written in 2009.

[Technical difficulties. Dr. Good returns momentarily.]

Okay, I’m not sure what happened there, but what I want to talk about here is multipolarity and the way that this became a geopolitical issue, beginning in the early years after the Cold War.

This woman [Susan Turner] is writing about it here [in Asian Perspective, Vol. 33, No. 1, 2002, pp. 159-184] and you can see:

“Since the late 1990s, the concept of multipolarity has gained prominence around the globe. Russia and China [. . .] have included it or alluded to it in nearly all of their joint declarations, statements, and treaties dating from the mid-1990s to the present.”

So, what is the US response to this?

Well, I think that you can look at what the US is trying to do. They are using jihadis throughout the ’90s. So, after the Cold War ends, those networks that were used to defeat the Soviets in Afghanistan are repurposed and used all over the place in the 1990s. This is called McJihad. A political scientist [Benjamin R. Barber] tried to write about this in the ’90s. He wrote the book Jihad vs. McWorld, and it said: Oh, jihadis are reacting to Coca-Cola and McDonald’s, and they want to hold on to their old ways. What’s going to happen here?

Another author, whose name I don’t recall, wrote about this shortly afterwards and said: It seems the US is actually fueling this. This is actually McJihad. This is the West that creates its own villains and then it can either use them as shock troops somewhere or use them as an excuse to intervene somewhere.

So, this is important when you think of 9/11.

Additionally, in Israel at this time you have the “Clean Break” document: “A Clean Break: A New Strategy for Securing the Realm,” prepared by a think tank called The Institute for Advanced Strategic and Political Studies. It’s commissioned by a “Study Group on a New Israeli Strategy Toward 2000 . . . led by Richard Perle for Benjamin Netanyahu, then Prime Minister of Israel.” It included other Bush administration officials from the future, Douglas Feith and David Wurmser. This document said: “. . . removing Saddam Hussein from power in Iraq” is “an important Israeli strategic objective in its own right.”

So, we see that the people that were Bush administration officials for the Iraq War were making these arguments on behalf of Israel at the time—I mean, in the years leading up to this. At the same time, [you have] the more establishment forces in the United States—Zbigniew Brzezinski represents them. There’s a study commissioned by the Council on Foreign Relations, which is the Wall Street think tank that planned the US Empire in the first place. They commissioned him to write this book on US geopolitics after the Cold War. He calls it The Grand Chessboard, and he basically calls for controlling Eurasia and making sure that they prevent the rise of a counterhegemonic bloc, especially that would include Iran, China, and Russia. So, he’s talking about how we don’t want to have this.

This is a direct response to China and Russia saying: How about multipolarity? The US response is: How about we make sure multipolarity doesn’t happen. And that’s from Brzezinski, who is, generally speaking, if anything, a couple degrees to the left of the neocons. These are people dedicated to American domination über alles.   

The American neocon response to this situation is The Project for a New American Century, and they’re calling for full spectrum dominance over the world forever. They’re also saying that it’s going to be hard to get the US to commit to what needs to be done without a new Pearl Harbor. This study [“Rebuilding America’s Defenses: Strategy, Forces and Resources for a New Century”] comes out in 2000.

And then a new Pearl Harbor happens with 9/11 and the anthrax letters. In terms of being able to adjudicate these crimes, there’s cause for pessimism, as we probably all know. Because even if they get caught red-handed more or less, even if some part of the state does its job and they are allowed to investigate things properly and they find out it points back to the state, they’ll just contrive some other cover story.

The cover story for the anthrax letters after it was found that the anthrax was from a US laboratory was that, oh, it was just some random guy who just did this for some reason—pretended to be a Muslim because he had some weird crush on a cheerleader, or something like that. It was a very strange case. That was after they had another guy they tried to pin it on who fought that charge off. Very strange.  

The point is: The state will not investigate itself. If it’s an apex crime, if apex controls the investigation, we won’t get to the bottom of it. 

— Iraqi WMD [2002 onward]. We don’t need to say any more about that, probably.

— In 2007, this is, I think, important, and people have not remarked on this as much, the War on Terror stalls. Brzezinski goes in front of Congress and says [paraphrasing]: We need to be careful. There’s going to be some sort of terror attack, and it’ll be blamed on Iran, and it’ll be used to start a war that’ll be a disaster for the US and the whole [Middle East] region. 

— You also had John Kiriakou’s torture fiasco, his terrible journey, his whistleblowing on the issue of CIA torture, which may have been related to this, as a way to publicly chasten the Bush Administration and hold back the neocons.

So now, fast forward a couple of years, or right before—really months before—the Arab Spring. You have Zbigniew Brzezinski. He had been putting the brakes on the whole War on Terror, 9/11 Wars agenda. Then he speaks at, I think it’s a Chicago CFR meeting or dinner or something, and he says [paraphrasing], “There’s going to be a global awakening. The whole world is waking up to injustice. They’re all connected at the same time.”

I remember this at the time because [. . . around the same time] I saw Alex Jones [. . . and] he’s saying, “They’re going to try to wake you up. They’re cooking something up.” [. . . It] didn’t occur to me until later, but this was right before the Arab Spring. I think Brzezinski may have been kicking off the revival of this whole anti-counter-hegemonic campaign. [. . . It was] this whole way of trying to continue this agenda to make sure the US had control over Eurasia, because you get these Arab Spring wars.

And then it eventually comes out that the US had helped nurture some of these groups. It’s all very strange when you look at it in retrospect. It seems like it was really just the continuation of that whole agenda. The Arab Spring wars stall, as well, in part because of Russia, and interestingly, the naval base that would have given them access to the Mediterranean into Syria is in Ukraine, and you have the destabilization of Ukraine from a Russian perspective.

You have Victoria Nuland passing out poisonous cookies to kill protesters. Not really, she had them killed with snipers. But she did pass out cookies there, which was not quite a respectable thing for a diplomat to do to an opposition group like this, but that’s how it goes. The US hand in this was really obvious. It was a coup that put in a threat to Russia right on its doorstep.

You have Russiagate in the United States, which was a very strange event and made sure the US had a bellicose posture towards Russia at the time. It was a total distraction from the failure that led to Trump being elected. Instead, it was just a way to blame Russia. We don’t know where those emails came from, where the leaks came from. Some people think it was Seth Rich. That’s a strange murder case. The internet angle was also exaggerated. It was very strange. Those “Buff Bernie” memes were not really history-changing, in my opinion. So that was a hoax.   

We have COVID, which I’m not going to say much about, except that it came from US bioweapons research, apparently, and it had a major impact, and it seems to have been used either opportunistically or by design as a structural deep event.

Ukraine War is, of course, a huge disaster, along with the Nord Stream pipeline crimes, but you’re not really going to get to the bottom of them.

Al-Aqsa Flood, as we’ve talked about, and this Gaza genocide—these seem to be related also to all of those issues that Atif was talking about earlier, that are economic and geopolitical motives, but also the fact that US hegemony is really crumbling. And I think that Israel feels like its window of opportunity for a final solution with Palestine is running out, perhaps. So, they’re going farther than people would’ve thought they would’ve gone—farther than they’ve ever gone before—in terms of just slaughtering the people in Gaza.

I want to talk about SCAD versus deep events and ways academics can think about these and how useful they are. SCAD is useful as an academic or forensic heuristic. It’s a way to put these things into a certain category so you know what you’re looking at and you can talk about it. Deep events, or the way that Peter Dale Scott approaches these, might be more useful for making detached observations about things after the fact and gaining historical insights and then thinking about how you can apply these. So, these are very similar academic ideas.

Now, in terms of what we should do, in terms of thinking about justice, given the criminality that we see in the state when we study these things, Lance had a different idea than Peter. Lance basically thought: Hey, I’m a public administration person. You solve crimes and you “Hang the bastards.” Peter thought there could be a cultural revolution of the mind eventually and a Truth and Reconciliation process of some kind, eventually. But he thought that people really had to be prepared—or he thinks this now, increasingly, that people need to be prepared for this revolution before it can happen. He has some hope that civil society groups, along the lines of the Civil Rights movement, could be useful in this regard.

The synthesis of these two lines of thinking—well, I’ve tried to do that a little bit. The proximate root of the problem is that there’s no lawful sovereign over the domestic state and over the international system. Therefore, whenever we have these problems, these crimes we identify, we are reduced to hysterically shouting into the void and not having any way to have the rule of law apply, domestically or internationally.

But, as with every empire, these people are hanging themselves. I think nemesis really comes from outside. The non-West right now embodies humanity’s desire to be free from exploitation and domination. They’re really doing the heavy lifting to fight this despotism that we’re seeing. I think its ultimate embodiment is in Gaza right now. It seems to be the perfect encapsulation, in a horrific way, of so much that we have done for hundreds of years in the West. But we are not able to take power, so we can just post protest emojis and have Zoom conferences and try to raise awareness and raise consciousness.     

The good news is I do think this empire that’s been around for hundreds of years is now on its way out. And that is exciting, although it’s a little frightening because we don’t know what they have up their sleeves to try to hold on to power.

I have other slides here, but I don’t want to go any further than this.

So, I think I’ll leave it at that and say that really the problem is the despotism that’s at the top of the state and the fact that this continues over the international realm. There is no lawful sovereign, domestically and internationally. There’s no way to adjudicate disputes according to the rule of international law in any sort of fair way because of the US, by and large.

Dr. Piers Robinson:

Thank you, Aaron, for a fascinating discussion, rich and detailed.

Containing Escalation: How the Resistance axis is sabotaging US intent to escalate the conflict beyond Palestine

ge vanessa beeley
Dr. Piers Robinson:

We’re going to move now to our final talk for 20 minutes before we go to the panel discussion. And we have, last but by no means least, Vanessa Beeley, who’s going to talk about the current geopolitical situation. And I think a little bit, the sort of perspective of groups within the region, countries within the region as they resist empire and where she sees it as going at the moment.

Over to you, Vanessa.

Vanessa Beeley:

Thank you so much, Piers. I feel extremely privileged to be in such a good company. I’m going to cross over definitely with Aaron on the “Clean Break,” so I’ll skip over that a little bit, and I’ll probably complement what Atif and Richard were saying.

So, basically, what I’m going to look at is Washington and London’s long war against the Middle East or, rather, West Asia, the rise of BRICS, global South independence, the emergence of a neo-Pan-Arabism, and, of course, the multipolar world that has been mentioned by many people.    

Now, I’m going to start off with a direct quote from Robert F. Kennedy, Jr., which he gave during an interview—I think in the last month or so. And I think, for me, it encapsulates exactly what Israel represents to the US. It’s quite rare for any American politician to be quite so overt in their opinion.

I’ll start the quote:

“Israel is critical, and the reason it’s critical is because it is a bulwark for us in the Middle East. It is almost like having an aircraft carrier in the Middle East. It’s our oldest ally. It’s been our ally for 75 years. It’s been an incredible ally for us in terms of the technology exchange, and building the Iron Dome, which we have paid a lot for, has taught us enormously about how to defend ourselves against missile attacks. [Of] that military expenditure, 75% goes to US companies under the agreement, under the MOU. If you look at what’s happening in the Middle East now, the closest allies to Iran are Russia and China. Iran also controls all of Venezuela’s oil. Hezbollah is in Venezuela. They’ve propped up the Maduro regime, and so they control that oil supply.

“BRICS: Saudi Arabia is now joining BRICS, so those countries will control 90% of the oil in our world. If Israel disappears, [there will be a] vacuum in the Middle East. Israel is our ambassador, our beachhead, in the Middle East. It gives us ears and it gives us eyes in the Middle East. It gives us intelligence, the capacity to influence affairs in the Middle East. If Israel disappeared, Russia and China would be controlling the Middle East and would control 90% of the world’s oil supply, and that would be cataclysmic for US national security.”

Pretty much says it all right there. And so therefore that really shapes what I’m going to continue saying in the presentation. Basically, it’s about the reshaping of the Middle East, which has been an ongoing colonial project for more than a century, including the French-British Sykes-Picot partitioning of the territory—the British creation of the Zionist colonialist settler state after the Balfour Treaty in 1917, which facilitated the European settler land grab from Palestinians until the UN partitioning of Palestine in 1947 in favor of the Zionists. And then, of course, the 1948 Nakba—the ethnic cleansing of more than 750,000 Palestinians from their land with no right to return.

In 1996, as Aaron mentioned, there was the “Clean Break” doctrine—a new strategy for securing the realm. Now, interesting elements of that doctrine included working closely with Turkey and Jordan to contain, destabilize, and roll back some of its most dangerous threats, which included Syria.

Israel should seize the strategic initiative along the northern border by engaging Hezbollah, Syria, and Iran as the principal agents of aggression in Lebanon, according, of course, to Israel. Direct attack would be enabled on Syrian territory and against Syrian targets in Lebanon.

A move to contain Syria and to curtail its alleged weapons of mass destruction program. Plans included the removal of Saddam Hussein, as Aaron mentioned, to weaken Syria’s position in the region, and to strengthen Jordan as Israel’s ally.

As special consultant to US Presidents Nixon, Ford, and Reagan, Pat Buchanan, put it: “In the documents, in the strategy, Israel’s enemy remains Syria, but the road to Damascus runs through Baghdad.”

Then we have the map of the new Middle East. This map was prepared by Lieutenant-Colonel Ralph Peters and published in the Armed Forces Journal in June 2006, and it was made widely available to the public.

The term “New Middle East” was introduced to the world in June 2006 in Tel Aviv by US Secretary of State Condoleezza Rice, who was credited by the Western media for coining the term in replacement of the older and more imposing term, the “Greater Middle East.”

Renowned author and historian Mahdi Nazemroaya said, “This announcement was a confirmation of an Anglo-American-Israeli “military roadmap” in the Middle East. This project, which has been in the planning stages for several years, consists in creating an arc of instability, chaos, and violence extending from Lebanon, Palestine, and Syria to Iraq, the Persian Gulf, Iran, and the borders of NATO-garrisoned Afghanistan.”

An article in June 2023 in Jerusalem Post is headlined “Israel is well-positioned in the new Middle East.” Israel announced a massive success in defense exports—a record 12.5 billion with Abraham Accord countries accounting for nearly a quarter of those deals. Those countries at the time being include Egypt, Jordan, UAE, Bahrain, Sudan and Morocco, which is effectively a normalization of relations with Israel.

There’s also an important reference, which I think Atif mentioned, to the India-Middle East-Europe Economic Corridor—the IMEC—which is designed to compete with the Chinese Belt and Road Initiative. And we can see the map, which, as I said, links Mumbai through Dubai, Riyadh, Al-Haditha, Haifa, and into Europe through Piraeus in Athens, in Greece.

And then of course we have the infamous Oded Yinon Plan for Greater Israel, the Israel of Theodore Hertz in 1904 and of Rabbi Fischmann in 1947.

To a large degree we’ve entered a new stage in the 75-to-100-year Zionist plan for Palestine: appropriation of the entire territory and final ethnic cleansing of what appears to be all Palestinians from the West Bank and Gaza, resettlement in the Sinai in Egypt and elsewhere, as we heard also—I think from Atif.

In January 2023, Netanyahu said, “These are the basic lines of the national government headed by me, the Jewish people having exclusive and unquestionable right to all areas of the land of Israel. The government will promote and develop settlements in all parts of the land of Israel—in the Galilee, in the Negev, in the Jolan [Golan Heights], Judea, and Samaria.”

The Greater Israel Project is an integral part of US foreign policy, the New Middle East, to expand US unipolar supremacy through the fracturing and balkanization of the Middle East. It is supported by NATO and largely by Saudi Arabia.

In March 2023, Israel’s far-right finance minister, Bezalel Smotrich, caused regional uproar when he presented the map of Greater Israel at a conference in Paris, during which he also claimed, “There is no such thing as Palestinian people.” The map showed Jordan and the West Bank within Israel’s borders. The timing of the October 7th events in relation to the imminent normalization between Saudi Arabia and Israel is also important to note.

From Netanyahu’s perspective, this rapprochement was a means to increasing Israel’s foothold in the Middle East and confronting Iran. It would also have been a mortal wound for Palestinian justice and resistance movements.

Under Trump in 2017, Washington declared support of the Zionist illegal settlements, recognized Jerusalem as the capital of Israel and Israeli sovereignty over the Syrian Jolan territories unlawfully annexed in 1967. Under Biden, there has been some shift in the narrative—that Washington endorses the Israeli annexation of the entire Jordan River Valley and the illegal settlements gradually consuming the West Bank.

The Oded Yinon Plan operates on two essential premises. To survive, Israel must, first of all, become an imperial regional power, and, two, must effect the division of the whole area into small states by the dissolution of all existing Arab states. The Zionist strategy is that sectarian states would become incorporated into Israel’s sphere of influence and would provide Israel with regional and moral legitimation.

Very recently, Israeli Defense Minister Yoav Gallant made it very clear that Israel has no choice but to pursue victory in order to survive. He said, “The feeling that we will soon stop is incorrect. Without a clear victory, we will not be able to live in the Middle East.” So this has become effectively an existential battle for survival between the Palestinian people and Israel and in the larger picture in the region.

Netanyahu, of course, needs victory in order to ensure his personal political survival and to avoid prosecution for corruption.

Bearing all this in mind, we can better understand the reaction of the region to the events that began on October the 7th. It is fully understood by the countries of the resistance axis, which include Lebanon, Syria, Iraq, Iran, and Yemen, that the US and Israel are seeking escalation in order to achieve their goal of destabilization and balkanization of the enemy states—to protect, of course, as Kennedy describes, the military garrison, which is Israel in the Middle East.

So, I’m going to look now at the escalation and provocation by US and Israel since December 2023. Of course, it’s been ongoing since October the 7th, particularly in the northern occupied territories on the border with Lebanon, but also in multiple aggressions against Syria by Israel.

On December the 25th, the house of the Commander of the Iranian Revolutionary Guards in Syria, Brigadier-General Razi Mousavi, was targeted by Israel in the residential area of Sayeda Zeinab south of Damascus. It’s also a busy pilgrimage area for Shia Muslims and at that time, on Christmas Day, was packed with civilians. One of the longest-serving IRGC officers and a close friend of General Qasem Soleimani, assassinated in January 2020 under the Trump Administration, Mousavi was responsible for supporting the resistance front in Syria and the training of Palestinian resistance factions inside Syria.

Israel regularly targets Syrian Arab Army positions. We are actually expecting an attack tonight, so if you hear anything incoming, there’s nothing I can do about it if they do come in relatively close to me. And they have attacked artillery and air defense positions in Syria and targeted the civilian airports of Aleppo and Damascus multiple times in 2023 under the pretext of eliminating Iranian forces or influence inside Syria. It is a clear attempt to reduce Syrian defense and even offense capability in the event of escalation—rarely reported in Western media.

On the 2nd of January, targeting Beirut, the capital of Lebanon, Israel assassinated Hamas deputy leader Saleh al-Arouri, who was also instrumental in the creation of the Qassam Brigades, the military wing of Hamas. This was the first strike in Dahiyeh, in southern Beirut, since the 2006 War between Israel and Hezbollah.    

Now, before Christmas, the Zionist regime officials had been increasing the threats against Lebanon and Hezbollah. Netanyahu had threatened publicly to turn Beirut into Khan Younis, which is in the south of Gaza, if Hezbollah refused to withdraw north of the Litani River. Israel invoked UN Resolution 1701, which was introduced after the 2006 War to guarantee no weapons or militants south of the Litani River in the hope of bringing the US into conflict, which has failed. Hezbollah has always refused to withdraw from the south, and their long-range and short-range weapons are not clustered only in the south but throughout Lebanon. So, this is largely an exercise in escalating the conflict with Hezbollah.

After the strike in the capital city of Beirut, Secretary-General of Hezbollah Syed Hassan Nasrallah has vowed to retaliate to the point where sufficient deterrence is reinstated against further Israel attacks on Beirut.

Yesterday sixty-two missiles were fired at Meron air base in the northern occupied territory. Meron base is responsible for all air operations towards Syria, Lebanon, and the northern part of the eastern Mediterranean. It also constitutes the major center for electronic jamming operations in these zones and it’s believed to be the base that would’ve directed the strikes on al-Arouri in Beirut. This is considered to be only phase one of the retaliation by Hezbollah.

Lebanon itself has filed a complaint with the UN Security Council over the killing of al-Arouri, calling it the most dangerous phase of Israeli attacks on the country.

A local journalist writing for the Cradle Media, Hassan Illaik: “Tel Aviv’s assessment of a war with Lebanon is based on its reading that Hezbollah wishes to prevent a major confrontation at any cost. Not only is this calculus wrong, but it has also muddled Israeli minds to the point where this may itself lead to the outbreak of a destructive war between the two sides.”

Illaik also points out that we’ve had three stages so far of Zionist aggression against Gaza, but I would also say against West Bank.

Stage one is the obliteration of northern Gaza, which Atif has referred to, and the slower destruction of the West Bank.

Stage two is the occupation of strategic areas in southern Gaza, which is supposedly in the safe zone, where more than one million displaced Palestinians have been forced to gather in appalling conditions and still under Zionist bombardment.

The IOF [Israeli Occupation Forces] withdrawal from Gaza does not signal the end of the war on Gaza. Many regional analysts believe that reducing the pace of the ground war on Gaza is a prelude to an Israeli war on Lebanon. And we’re certainly seeing an escalation on the northern occupied Palestine front, where an estimated 230,000 Zionist settlers have been forced to flee the settlements on the border with Lebanon.

There’s a belief that Israel is implementing a US decision to push the war into a third phase before the end of January 2024.

This requires the war to be lowered in intensity to distract from the mass slaughter and brutal ethnic cleansing of civilians in Gaza and of course coincides with the case that’s being brought into the ICJ by South Africa.  

On the 3rd of January a terrorist attack was carried out in Tehran, in Iran, targeting civilians at the burial place of Qasem Soleimani on the fourth anniversary of his assassination.

More than 173 were injured and 84 killed in the attack. ISIS has officially taken responsibility, but as it’s well documented that the terrorist group is a proxy both of the US and an asset for Israel in the region to a large degree, it does raise the question as to whose hands were actually behind the attack.

Finally, on the 4th of January, the US targeted the deputy head of operations of the Popular Mobilisation Forces [also known as Popular Mobilisation Units], the PMU, in Baghdad. Mushtaq Taleb al-Saeedi was killed in the strike on PMU headquarters in eastern Baghdad. One other was killed in the attack and six injured in the drone strike.

The US claimed it was in retaliation for the Islamic resistance of Iraq’s attack on US military bases in Iraq and Syria. The bases in Syria, of course, are illegal under international law.

There have been 118 attacks by the Islamic resistance since October the 7th. So, in ten days, the US-Israeli alliance has struck targets in Damascus, Beirut, Baghdad, and Iran.

I’m just going to bring back the map of Syria. It’s a relatively old map—probably about a month old. But I just wanted to point out that Syria’s position in the resistance axis is particularly fragile. With the US triggering attacks by ISIS from the Al-Tanf base, which is in the southeastern section of Syria, these attacks have intensified since October the 7th, particularly against Syrian Arab Army positions in the central desert area of Syria. The northwestern area of Idlib is effectively under the control of armed groups dominated by Al Qaeda, who have also intensified their attacks on civilian areas of northern Hama, but also against Syrian Arab Army positions in northern Latakia and western Aleppo. All of these attacks, again, have increased since October the 7th.   

What Syria has done is to open up its territory to Palestinian resistance factions and to the Islamic resistance to carry out attacks against US or Israeli targets—Israeli targets predominantly, of course, in the occupied Jolan territories.

And it’s worth noting that Russia is increasing its observation posts on the border with the occupied Jolan territories.

It’s also worth noting that the emergency Arab League summit that was called very early on into the Israeli aggression against Gaza—the proposal that was put forward by Syria, Yemen, Palestine, Algeria, Tunisia, Lebanon, Iraq, Kuwait, Libya, Oman, and Qatar was vetoed by Saudi Arabia, Egypt, and Jordan. The primary elements of that proposal were:

(1) preventing the use of American and other military bases in Arab countries to supply Israel with weapons and ammunition,

(2) freezing Arab diplomatic economic security and military relations with Israel,

(3) threatening to use oil and Arab economic capabilities to pressure to stop the aggression for preventing Israeli civil aviation from flying in Arab airspace.

So, that very strong proposal was effectively vetoed and watered down by the countries that have [normalized] or are on the verge of normalization with Israel.

Finally, I want to come to Yemen, where there is also an area of increased tension, bringing the US alliance closer to conflict with Iran and closer to confrontation with Yemeni forces, or Ansarullah, a coalition resistance movement and the de facto government of Yemen, often described in Western media rather euphemistically as the Houthis.

What I describe as “the coalition of the unwilling” put out a joint statement. The coalition now consists of the US, Australia, Bahrain, Belgium, Canada, Denmark, Germany, Italy, Japan, Netherlands, New Zealand, Republic of Korea, Singapore, and, of course, the UK.

In the wording of part of their statement, they made it very clear what their priority actually is here. It’s [concern over] the loss of 15% of global seaborne trade, which passes through the Red Sea, including 8% of global grain trade, 12% of seaborne-traded oil, and 8% of the world’s liquefied natural gas trade. International shipping companies continue to reroute their vessels around the Cape of Good Hope, adding significant costs and weeks of delayed delivery of goods, and ultimately jeopardizing the movement of critical food, fuel, and humanitarian assistance throughout the world. 15% of world trade passes through the Suez Canal.

The Africa route around the Cape of Good Hope is 60% more expensive, according to some analysts, and two weeks longer or three weeks, as Atif mentioned. The inevitable knock-on effect will be an increase in energy prices, already hiked as a result of the NATO proxy war in Ukraine. And there’s also predicted to be a shortage in energy and grain supply.

The northern sea route, of course, is controlled by Russia, which currently is effectively at war with NATO and the EU in Ukraine.

As with Ukraine, the impact will be greatest on the EU. As a result, EU Commission Foreign Minister Josep Borrell has been trying to negotiate a settlement with Hezbollah to prevent escalation with Israel, to no avail, as Hezbollah is not prepared to withdraw north of the Litani River to comply with Israel’s demands.

From the Yemeni standpoint, as millions poured onto the streets of the capital of Sanaa to protest the genocide in Gaza, they are effectively fulfilling their responsibility under Article 1 of the Genocide Convention, which again, Richard mentioned—which is the obligation to prevent genocide, and even to punish genocide to some degree. The blockade of occupied Palestine-bound ships in the Red Sea will end when the genocide or campaign against Palestinian ends and the siege is lifted on Gaza.

Now, the map that I’m showing here shows the conglomeration of the coalition ships, the US ships, the Iranian warships that are now entering—even Chinese ships. And I think here is where I would identify—and a few people have agreed with me—there is a potential for a false flag, the potential of seeing an event which might facilitate some kind of escalation, particularly against Yemen and potentially, of course, against Iran, which is seen very much as being the backer of the Ansarullah activities.

All members of the resistance axis are responding to extreme provocation with restraint in order to draw Israeli deeper into the quagmire of a failed ground war in Gaza and the multiple-front war currently being waged without overt US involvement. Of course, they are providing the bombs: 65,000 tons of explosives to date have been dropped on Gaza. They are helping with logistics and with funding. Delta forces have been identified as operating alongside the IOF. And, of course, they’ve given a tacit green light for Israel’s criminal military adventurism and genocide in Palestine, while actively involved in the targeting of resistance commandos and the triggering of proxies, including ISIS and Iraq in Syria and the increase of their own military footprint in Israel—particularly in the Negev Desert, in Iraq, and in Syria.      

Lebanon-based journalist Sharmine Narwani has recently written about the fact that Arab perceptions have shifted dramatically over Israel’s war on Gaza, with popular sentiment gravitating to those states and actors perceived to be actively supporting Palestinian goals and away from those who are perceived to support Israel. 

She says:

“But if the confrontation between the two axes escalates, Arab perceptions will almost certainly continue to tilt away from the old hegemons towards those who are willing to resist this assault on the region.

“There will be no relief for Washington and its allies as the war expands. The more they work to defeat Hamas and destroy Gaza, the more they lob missiles at Yemen, Iraq, and Syria and besiege the resistance axis, the more likely Arab populations are to shrug off the Sunni versus Shia, Iran versus Arab, secular versus Islamist narratives that have kept the region divided and at odds for decades . . .”

— which is where I come back to this emergence of a neo-Pan-Arabism we’ve seen in the last twelve months.

She also says:

“The swell of support that is mobilizing due to a righteous confrontation against the region’s biggest oppressors is unstoppable. Western decline is now a given in the region, but Western discourse has been the first casualty of this war.”

I will end there with some positive news, I hope.

Dr. Piers Robinson:

Thank you, Vanessa, for that fascinating overview of what is happening—well, not really an overview. There’s a lot of detail in there. Clearly, we’re at a very, very dangerous juncture at this point in time, which we’ll possibly come back to.

South African ICJ Initiative, Gaza Atrocities, and the Ceasefire Imperative

20 Jan

[Prefatory Note: The post below is a much modified set of responses to questions posed by Mohamed Elmenshawy a journalist working at Al Jazeera Arabic from Washington  (1/10/2024).

1. How should we interpret the South Africa allegation that Israel’s military operations in Gaza violate the country’s obligations under the United Nations Genocide Convention and that its actions constitute genocide?

Israel’s military operations have lasted more than three months, but from almost their very outset objective observers felt confronted by ‘a text book case’ of genocide as the military onslaught was systematically and openly aimed at making Gaza uninhabitable and inflicting severe suffering on innocent civilians in flagrant violation of basic rules of international law. Such a military campaign was proclaimed in these extremist terms by Israel’s top political and military leaders and consistently exhibited in practice by the sadistic tactics relied upon by Israel’s armed forces. Disregarding official language that called for turning Gaza into ‘a parking lot’ or ‘emptying Gaza of all Palestinians’ or posing a choice of ‘leave or die’ disclose a stunning defiance of the criminal prohibition against the crime of genocide. Israel overlooks the fact that it was a party to the Genocide Convention, which pledged respect for this unconditional limitation on state behavior, meaning that neither self-defense nor anti-terrorism could provide a legally credible basis for Israel’s behavior toward Gaza since October 7. In addition, Israel twists the facts and evidence as in its presentation to ICJ, by contending that the Hamas attack was the real occasion of genocide and that it is Israel that is defending itself against a genocidal adversary.


2.      What happens if South Africa wins at the ICJ?

We cannot know how Israel and the United States, and other countries would respond, but we can offer an informed opinion that draws on Israeli allegations against South Africa, insisting that the mere bringing of a legal dispute alleging the reality of genocide in Gaza amounts to a blood libel against the Jewish people, and in the more guarded secular language of the US State Department that the South African initiative is ‘meritless’ as it lacks an acceptable legal basis in fact. The US is likely if necessary to use its veto power in the Security Council and disregard any General Assembly resolution that called for compliance with whatever Provisional Measures the ICJ decrees, as it is authorized to do under Article 41(1) of the Statute governing its operations.

If this anticipated sequence of evasive or defiant non-compliance occurs, it will likely lead to large and sustained protests throughout the world, including in the North American and former European countries that have lent Israel varying degrees of support and initially gave their full-throated  approval to Israel’s response to the October 7th Hamas attack. The rising opposition to Israeli behavior in Gaza is posing serious destabilization threats of adverse political consequences in some countries, typified by the widespread labeling of Israel as ‘a pariah state’ in some settings, and to a dramatic escalation in the nature and militancy of global solidarity initiatives throughout the world including recourse to sports and cultural boycotts, and calls for an arms embargo and international sanctions. This civil society activism has the potential leverage to transform the discursive approach to the underlying conflict of many governments in the Global South and possibly in Israel and its governmental supporters. This happened to the surprise of many in South Africa, although under very different circumstances.


3.      What happens if South Africa loses at the ICJ?

Israel would undoubtedly gloat, celebrating a lawfare victory, and demeaning critics of Israel’s tactics in its Operation Swords of Iron as hysterical antisemites. It would also lead Israel and the US to feel vindicated by the refusal to follow the global majority favoring an early ceasefire.

Those supporting the South African initiative would likely react with a mixture of perplexing confusion and outright anger at this disappointing outcome at the ICJ. How could the highest court in the world look at such overwhelming evidence so well presented to the Court by the South African legal team, and decide perversely and unprofessionally. Assuming even a split reaction to a majority decision in which the Global West stood behind Israel and rejecting the views of those adopting the perspectives of the Global South, the Court’s stature as a legal tribunal deserving the utmost respect of UN member states would be drastically reduced, temporarily at least.

There is a middle ground based on a highly technical and legalistic jurisdictional argument put forward by Israel at the ICJ hearings to the effect that any action by the Court would be ‘premature’ as there was a failure to establish that a ‘legal dispute’ between the parties existed prior to when the application to the Court was submitted. This argument was refuted by the South African team at the ICJ January hearings, but it could relieve the Court, or some of its judges, of the duty to resolve the awkward dilemma at the core of South Africa’s request for Provisional Measures, which pits legal propriety against political expediency.

In some respects, the most significant result of a negative decision or even a technical evasion would be widespread disappointment producing a probable reaction in world public opinion to the effect that the World Court is out of touch with the flow of history, and in light of this, a dramatic increase in global solidarity initiatives along BDS lines will occur exhibiting surging transnational activism. The growing belief that only civil society activism has any prospect of terminating this terrible humanitarian ca such as has been unfolding in Gaza this in which the primacy of geopolitics disregards law and morality when strategic interests are at stake.

In a sense, whether South Africa’s request that the Court issue Provisional Measures to stop the genocide succeeds or fails might not make a big immediate difference as to the substantive impact of its decision. If the Court grants the South African request Israel will almost certainly refuse to comply which will produce civil society anger and coercive actions in response to Israel’s non-compliance. Whereas if the request is rejected, an angry populist response would also escalate civil society engagement and add to present hostility toward Israel in many parts of the world. In the latter case some of the frustration would be directed at ICJ as a flawed or politicized institution, whereas if its positive decision is ignored, most of the frustration would be expressed as anger toward Israel and the US. In other words, win or lose, the implementation of the norms of the Genocide Convention are subject to formal nullification by what has afflicted the whole UN system when it comes to enforcement—the primacy of geopolitics in determining the presence or absence of a sufficient political will on the part of actors with requisite capabilities to achieve enforcement of authoritative judicial decisions. The prospect of geopolitical obstruction in response to the South African initiative dooms orderly compliance in the event that the ICJ grants the request for Provisional Measures to stop Israeli violence until a decision of the merits is forthcoming on the allegation of the crime of genocide.

4.      Benjamin Netanyahu claimed that the Israeli military is the “most moral army in the world”, Do you agree with him? why?

This was never more than a highly inflated claim made by Israel’s formidable hasbara, or simply. the message transmitted by its state propaganda machine and repeated throughout the Global West by Israel support groups. The Goldstone Report of a UN Human Rights Council fact-finding mission undertaken after the 2008-09 massive land/sea/air attack on the essentially helpless people of Gaza contains hard evidence of a series of war crimes relating to Israel’s tactics and weapons. It should be appreciated that Israel has a special obligation in Gaza to protect the civilian population, accentuated by its status as the Occupying Power, and hence subject to the legal constraints contained in the 4th Geneva Convention governing Belligerent Occupation. It should be remembered that years before the current encounter, even conservative international visitors, for example, David Cameron, referred to Gaza as ‘the largest open air prison in the world.” It is hardly surprising that individuals driven from their homes and homeland decades ago, then denied a right of return, and finally permanently  ‘imprisoned’ for no crime where they kept on what a prominent government advisor called ‘a subsistence diet,’ would at some point risk everything to achieve a jail break, what Norman Finkelstein termed ‘a slave revolt.’ From a legal and moral point of view, to the extent validated by independent sources, the Hamas attack on October 7 included war crimes, and unlawful hostage-taking, and should be repudiated, although part of a legitimate act of resistance against prolonged oppressive occupation.

Looked at less legalistically and more strategically, Israel has since 1967 used Gaza as a valuable experimental combat area where it could demonstrate the efficiency of its counter-terrorism capabilities a warning to its enemies and as a sales pitch to other governments helpful in winning customers for its robust arms industry, including in relation to innovations in tactics, weaponry, and training. It also wanted to show hostile countries in its neighborhood that it would retaliate against provocations with disproportionate force. It formulated such an approach in the Dahiya Doctrine back in the early 1980s, a mode of thinking that justified the destruction of a poor neighborhood in south Beirut that was known to be a Hezbollah stronghold enjoyed populist support. It is this Dahiya Doctrine, in a geometrically magnified form, that underlies the security justification for Israel’s horrifying response to the attack of October 7th, and to the extent that Israel response is deemed by a growing number of observers as an instance of genocide making a mockery of attempts to continuing to portray Israeli armed forces as ‘the most moral in the world.’ Morality does not mix well with official assertions from political leaders and military commanders that the Palestinians as a people are sub-human and deserve to be treated as such. The whole international movement to protect human rights rests on the foundation of human equality, and the universality of the legal entitlement to human dignity.  

5.    How does the war on Gaze affect the respect and prestige of International Law?

The short-term, yet insufficient, answer will be greatly influenced by how the ICJ handles the South African request for Provisional Measures, and whether the states of the world, particularly Israel and the UN, exhibit defiance or respect for the outcome. Also relevant is the degree to which civil society is favorably impressed by the ICJ response to the South African request, including its prompt delivery. A positive result will have some redeeming effects on street-level perceptions of international law around the world, and act persuasively to support the view that even when states refuse compliance and the UN is helpless to act, international law can be useful for advocates of justice through legality.

If we broaden the optic beyond the legal assessment of the violence of Israel’s campaign in Gaza, it becomes obvious that Israel has long openly violated international humanitarian law during its period of Gaza occupation that started with its victory in the 1967 War. Among many unlawful policies, Israel can be charged with during this period when it had the added obligations associated with being the Occupying Power in relation to Occupied Palestine, the most blatant are collective punishment, establishment of Jewish settlements in occupied territory, claims of sovereignty over the entire city of Jerusalem, appropriation of water and other resources in the West Bank, failure to withdraw from territories occupied during the 1967 War or to fulfill in good faith the primary duties as specified in the 4th Geneva Convention to protect the Palestinian people subject to its administrative authority as the Occupying Power. Israel also refused to heed the near unanimous ICJ Advisory Opinion of 2004 challenging the construction of a separation wall on occupied Palestinian territory. In general, Israel has defied international law whenever compliance would seriously interfere with its national policies and strategic priorities as pertaining to the Palestinian people. At the same time Israel invokes international law whenever it could be used to justify its actions or complain about Palestinian resistance. Its pathetic lines of argument January 11th ICJ Hearings on the South Africa initiative sought to invert the facts and evidence by casting itself in the role of the victim of Hamas genocide rather than its perpetrator.

By such manipulations, International Law is reduced to brazen lawfare, that is, International Law becomes a policy instrument in the toolkit tool of partisan national behavior, essentially a mode of propaganda to bolster self-serving legal arguments upholding national claims and denunciation of behavior by adversaries. This kind of manipulation undermines the ideals of law as constituting a set of constraints that rest on the formal authority to regulate the behavior of all sovereign states in ways that achieve mutual benefits by way of peace and justice. This kind of legal framework for action is what the UN Charter ambiguously offered the world in 1945. The geopolitical tensions of ensuing years made the UN generally helpless to implement these central war prevention goals, and often marginalized the UN in war/peace contexts.

6.      Israel is not a member state of the International Criminal Court? Could its leader be persecuted under its jurisdiction?

In theory, the ICC has jurisdiction to prosecute a leader of a sovereign state if the alleged international crime was committed within the territory of a party to the Rome Statute governing its operations. In practice, However, such a proceeding would require that the ICC to obtain physical control over the individual and this would normally depend upon the voluntary cooperation of the national state of the accused persons belong to a state that is not a party.  States that are ICC parties governing the operations of the International Criminal Court are under a treaty obligation to cooperate with the ICC, including during the investigative and any resulting arrest phases of a legal process. The accused person or persons must also be present in the courtroom in the unlikely event that there is a prosecution.

Israel does not need to be a party of the Rome Statute governing the authority of the ICC if the tribunal finds that it possesses valid legal authority to proceed with an investigation and possible indictment of Israeli political and military leaders charged with responsibility for crimes in Occupied Palestinian Territory, which would include Gaza. The ICC after a variety of delays did formally decide in 2021 in a Chamber consisting of three judges that it could proceed to consider Palestinian allegations of Israeli crimes committed on the territory of Occupied Palestine subsequent to 2014. Palestine had become a non-voting Member of the UN in 2012, and on the basis of this qualification as ‘a state,’ later a party to the ICC treaty framework as set forth in the Rome Statute. The present prosecutor of the ICC, Karim Khan, has shown little interest in proceeding as permitted. This sloth is in sharp contrast to the haste displayed with respect to allegations against Putin for crimes in Ukraine associated with the 2022 alleged aggression.

7.      What is South Africa is seeking to achieve of such a case?

It is always hard to depict the motives for a controversial legal initiative of this kind, and in this instance the objectives may be less clear than the motivations. Post-apartheid South Africa has associated the Palestinian struggle for basis human rights with its own struggle against an apartheid regime. Nelson Mandela famously said, “our freedom will not be complete until the Palestinians are free.” In a sense, genocide should in some instances be regarded as the consummation of apartheid. It is the almost invariablle characteristic of the final stages of a settler colonial project, which is probably the best way to understand what is happening in Gaza, and to appreciate the bad memories that analogous developments generated in South Africa.

South Africa may also be motivated by recollections of the role played by governments in the Global West in relation to its own earlier struggle that was long insensitive to the oppressive racist rule because it was strategically linked to apartheid South Africa in the Cold War Era. Palestine has been victimized and Israel shielded and enabled by the American-led commitment to its strategic interests in the Middle East as reinforced by pro-Israeli domestic lobbying and donor leverage in relation to government policy and media presentations.

Many of those who work on the South African initiative or were supportive of its effort to appeal to the ICJ to stop the Gaza genocide have been quoted as saying world to the effect, “I have never been so proud to be a South African or of our government.”


8.      U.S. Secretary of State Antony Blinken denounced Israel being referred to the (ICJ) for alleged genocide during its war in Gaza, calling the claim “meritless.”, What do you make of the Biden Administration position?

As suggested in earlier responses, the primacy of geopolitics in US foreign policy leads to the subordination of international law whenever compliance clashes with strategic interests. To call the South African initiative ‘meritless’ in light of the copiously documented genocidal practices, policies, and exterminist language of Israel’s top leaders defies reality as embodied in the provisions of the Genocide Convention, which calls upon parties to prevent and punish the commission of genocide by others as well as to refrain themselves from such behavior. To not exempt ‘genocide’ from geopolitics is in my judgment itself a sign of national decadence at a time when the global public good desperately needs expressions of respect for all peoples inhabiting the planet.

There are two points to observe: (1) the contrast between the US impassioned allegations of violations by its adversaries, China and Russia, and its unconditional support for accused international friends and allies is a stunning display of irresponsible statecraft; (2) the moral hypocrisy associated with such brazen double standards, severely undermines the authority of international law by treating equals unequally, and opportunistically.

The US is paying a high reputational cost at home and internationally by standing with Israel in opposition to the South African effort, which enjoys support all over the world, because it is seeking to bring an ongoing and transparent genocide to an end. This initiative by way of the ICJ was undertaken only after several attempts in the UN Security Council and General Assembly were blocked, diluted, or were unheeded principally due to US leverage exerted on behalf of Israel. It shines a bright light on the significant relevance of complicity crimes to this horrifying ordeal being inflicted on the civilian population of Occupied Palestine.

Systemic US Media Bias on Gaza Genocide: January 17th Opinion Piece by Bret Stephens

18 Jan

[Prefatory Note: The post below is a much modified set of responses to questions posed by Mohamed Elmenshawy a journalist working at Al Jazeera Arabic from Washington  1/10/2024). Question 9 below has been added to deal with Western media bias as illustrated by three opinion pieces published on 1/17/2024.]

1. How should we interpret the South Africa allegation that Israel’s military operations in Gaza violate the country’s obligations under the United Nations Genocide Convention and that its actions constitute genocide?

Israel’s military operations have lasted more than three months, but from almost their very outset objective observers felt confronted by ‘a text book case’ of genocide as the military onslaught was systematically and openly aimed at making Gaza uninhabitable and inflicting severe suffering on innocent civilians in flagrant violation of basic rules of international law. Such a military campaign was proclaimed in these extremist terms by Israel’s top political and military leaders and consistently exhibited in practice by the sadistic tactics relied upon by Israel’s armed forces. Disregarding official language that called for turning Gaza into ‘a parking lot’ or ‘emptying Gaza of all Palestinians’ or posing a choice of ‘leave or die’ disclose a stunning defiance of the criminal prohibition against the crime of genocide. Israel overlooks the fact that it was a party to the Genocide Convention, which pledged respect for this unconditional limitation on state behavior, meaning that neither self-defense nor anti-terrorism could provide a legally credible basis for Israel’s behavior toward Gaza since October 7. In addition, Israel twists the facts and evidence as in its presentation to ICJ, by contending that the Hamas attack was the real occasion of genocide and that it is Israel that is defending itself against a genocidal adversary.


2.      What happens if South Africa wins at the ICJ?

We cannot know how Israel and the United States, and other countries would respond, but we can offer an informed opinion that draws on Israeli allegations against South Africa, insisting that the mere bringing of a legal dispute alleging the reality of genocide in Gaza amounts to a blood libel against the Jewish people, and in the more guarded secular language of the US State Department that the South African initiative is ‘meritless’ as it lacks an acceptable legal basis in fact. The US is likely if necessary to use its veto power in the Security Council and disregard any General Assembly resolution that called for compliance with whatever Provisional Measures the ICJ decrees, as it is authorized to do under Article 41(1) of the Statute governing its operations.

If this anticipated sequence of evasive or defiant non-compliance occurs, it will likely lead to large and sustained protests throughout the world, including in the North American and former European countries that have lent Israel varying degrees of support and initially gave their full-throated  approval to Israel’s response to the October 7th Hamas attack. The rising opposition to Israeli behavior in Gaza is posing serious destabilization threats of adverse political consequences in some countries, typified by the widespread labeling of Israel as ‘a pariah state’ in some settings, and to a dramatic escalation in the nature and militancy of global solidarity initiatives throughout the world including recourse to sports and cultural boycotts, and calls for an arms embargo and international sanctions. This civil society activism has the potential leverage to transform the discursive approach to the underlying conflict of many governments in the Global South and possibly in Israel and its governmental supporters. This happened to the surprise of many in South Africa, although under very different circumstances.


3.      What happens if South Africa loses at the ICJ?

Israel would undoubtedly gloat, celebrating a lawfare victory, and demeaning critics of Israel’s tactics in its Operation Swords of Iron as hysterical antisemites. It would also lead Israel and the US to feel vindicated by the refusal to follow the global majority favoring an early ceasefire.

Those supporting the South African initiative would likely react with a mixture of perplexing confusion and outright anger at this disappointing outcome at the ICJ. How could the highest court in the world look at such overwhelming evidence so well presented to the Court by the South African legal team, and decide perversely and unprofessionally. Assuming even a split reaction to a majority decision in which the Global West stood behind Israel and rejecting the views of those adopting the perspectives of the Global South, the Court’s stature as a legal tribunal deserving the utmost respect of UN member states would be drastically reduced, temporarily at least.

There is a middle ground based on a highly technical and legalistic jurisdictional argument put forward by Israel at the ICJ hearings to the effect that any action by the Court would be ‘premature’ as there was a failure to establish that a ‘legal dispute’ between the parties existed prior to when the application to the Court was submitted. This argument was refuted by the South African team at the ICJ January hearings, but it could relieve the Court, or some of its judges, of the duty to resolve the awkward dilemma at the core of South Africa’s request for Provisional Measures, which pits legal propriety against political expediency.

In some respects, the most significant result of a negative decision or even a technical evasion would be widespread disappointment producing a probable reaction in world public opinion to the effect that the World Court is out of touch with the flow of history, and in light of this, a dramatic increase in global solidarity initiatives along BDS lines will occur exhibiting surging transnational activism. The growing belief that only civil society activism has any prospect of terminating this terrible humanitarian ca such as has been unfolding in Gaza this in which the primacy of geopolitics disregards law and morality when strategic interests are at stake.

In a sense, whether South Africa’s request that the Court issue Provisional Measures to stop the genocide succeeds or fails might not make a big immediate difference as to the substantive impact of its decision. If the Court grants the South African request Israel will almost certainly refuse to comply which will produce civil society anger and coercive actions in response to Israel’s non-compliance. Whereas if the request is rejected, an angry populist response would also escalate civil society engagement and add to present hostility toward Israel in many parts of the world. In the latter case some of the frustration would be directed at ICJ as a flawed or politicized institution, whereas if its positive decision is ignored, most of the frustration would be expressed as anger toward Israel and the US. In other words, win or lose, the implementation of the norms of the Genocide Convention are subject to formal nullification by what has afflicted the whole UN system when it comes to enforcement—the primacy of geopolitics in determining the presence or absence of a sufficient political will on the part of actors with requisite capabilities to achieve enforcement of authoritative judicial decisions. The prospect of geopolitical obstruction in response to the South African initiative dooms orderly compliance in the event that the ICJ grants the request for Provisional Measures to stop Israeli violence until a decision of the merits is forthcoming on the allegation of the crime of genocide.

4.      Benjamin Netanyahu claimed that the Israeli military is the “most moral army in the world”, Do you agree with him? why?

This was never more than a highly inflated claim made by Israel’s formidable hasbara, or simply. the message transmitted by its state propaganda machine and repeated throughout the Global West by Israel support groups. The Goldstone Report of a UN Human Rights Council fact-finding mission undertaken after the 2008-09 massive land/sea/air attack on the essentially helpless people of Gaza contains hard evidence of a series of war crimes relating to Israel’s tactics and weapons. It should be appreciated that Israel has a special obligation in Gaza to protect the civilian population, accentuated by its status as the Occupying Power, and hence subject to the legal constraints contained in the 4th Geneva Convention governing Belligerent Occupation. It should be remembered that years before the current encounter, even conservative international visitors, for example, David Cameron, referred to Gaza as ‘the largest open air prison in the world.” It is hardly surprising that individuals driven from their homes and homeland decades ago, then denied a right of return, and finally permanently  ‘imprisoned’ for no crime where they kept on what a prominent government advisor called ‘a subsistence diet,’ would at some point risk everything to achieve a jail break, what Norman Finkelstein termed ‘a slave revolt.’ From a legal and moral point of view, to the extent validated by independent sources, the Hamas attack on October 7 included war crimes, and unlawful hostage-taking, and should be repudiated, although part of a legitimate act of resistance against prolonged oppressive occupation.

Looked at less legalistically and more strategically, Israel has since 1967 used Gaza as a valuable experimental combat area where it could demonstrate the efficiency of its counter-terrorism capabilities a warning to its enemies and as a sales pitch to other governments helpful in winning customers for its robust arms industry, including in relation to innovations in tactics, weaponry, and training. It also wanted to show hostile countries in its neighborhood that it would retaliate against provocations with disproportionate force. It formulated such an approach in the Dahiya Doctrine back in the early 1980s, a mode of thinking that justified the destruction of a poor neighborhood in south Beirut that was known to be a Hezbollah stronghold enjoyed populist support. It is this Dahiya Doctrine, in a geometrically magnified form, that underlies the security justification for Israel’s horrifying response to the attack of October 7th, and to the extent that Israel response is deemed by a growing number of observers as an instance of genocide making a mockery of attempts to continuing to portray Israeli armed forces as ‘the most moral in the world.’ Morality does not mix well with official assertions from political leaders and military commanders that the Palestinians as a people are sub-human and deserve to be treated as such. The whole international movement to protect human rights rests on the foundation of human equality, and the universality of the legal entitlement to human dignity.  

5.    How does the war on Gaze affect the respect and prestige of International Law?

The short-term, yet insufficient, answer will be greatly influenced by how the ICJ handles the South African request for Provisional Measures, and whether the states of the world, particularly Israel and the UN, exhibit defiance or respect for the outcome. Also relevant is the degree to which civil society is favorably impressed by the ICJ response to the South African request, including its prompt delivery. A positive result will have some redeeming effects on street-level perceptions of international law around the world, and act persuasively to support the view that even when states refuse compliance and the UN is helpless to act, international law can be useful for advocates of justice through legality.

If we broaden the optic beyond the legal assessment of the violence of Israel’s campaign in Gaza, it becomes obvious that Israel has long openly violated international humanitarian law during its period of Gaza occupation that started with its victory in the 1967 War. Among many unlawful policies, Israel can be charged with during this period when it had the added obligations associated with being the Occupying Power in relation to Occupied Palestine, the most blatant are collective punishment, establishment of Jewish settlements in occupied territory, claims of sovereignty over the entire city of Jerusalem, appropriation of water and other resources in the West Bank, failure to withdraw from territories occupied during the 1967 War or to fulfill in good faith the primary duties as specified in the 4th Geneva Convention to protect the Palestinian people subject to its administrative authority as the Occupying Power. Israel also refused to heed the near unanimous ICJ Advisory Opinion of 2004 challenging the construction of a separation wall on occupied Palestinian territory. In general, Israel has defied international law whenever compliance would seriously interfere with its national policies and strategic priorities as pertaining to the Palestinian people. At the same time Israel invokes international law whenever it could be used to justify its actions or complain about Palestinian resistance. Its pathetic lines of argument January 11th ICJ Hearings on the South Africa initiative sought to invert the facts and evidence by casting itself in the role of the victim of Hamas genocide rather than its perpetrator.

By such manipulations, International Law is reduced to brazen lawfare, that is, International Law becomes a policy instrument in the toolkit tool of partisan national behavior, essentially a mode of propaganda to bolster self-serving legal arguments upholding national claims and denunciation of behavior by adversaries. This kind of manipulation undermines the ideals of law as constituting a set of constraints that rest on the formal authority to regulate the behavior of all sovereign states in ways that achieve mutual benefits by way of peace and justice. This kind of legal framework for action is what the UN Charter ambiguously offered the world in 1945. The geopolitical tensions of ensuing years made the UN generally helpless to implement these central war prevention goals, and often marginalized the UN in war/peace contexts.

6.      Israel is not a member state of the International Criminal Court? Could its leader be persecuted under its jurisdiction?

In theory, the ICC has jurisdiction to prosecute a leader of a sovereign state if the alleged international crime was committed within the territory of a party to the Rome Statute governing its operations. In practice, However, such a proceeding would require that the ICC to obtain physical control over the individual and this would normally depend upon the voluntary cooperation of the national state of the accused persons belong to a state that is not a party.  States that are ICC parties governing the operations of the International Criminal Court are under a treaty obligation to cooperate with the ICC, including during the investigative and any resulting arrest phases of a legal process. The accused person or persons must also be present in the courtroom in the unlikely event that there is a prosecution.

Israel does not need to be a party of the Rome Statute governing the authority of the ICC if the tribunal finds that it possesses valid legal authority to proceed with an investigation and possible indictment of Israeli political and military leaders charged with responsibility for crimes in Occupied Palestinian Territory, which would include Gaza. The ICC after a variety of delays did formally decide in 2021 in a Chamber consisting of three judges that it could proceed to consider Palestinian allegations of Israeli crimes committed on the territory of Occupied Palestine subsequent to 2014. Palestine had become a non-voting Member of the UN in 2012, and on the basis of this qualification as ‘a state,’ later a party to the ICC treaty framework as set forth in the Rome Statute. The present prosecutor of the ICC, Karim Khan, has shown little interest in proceeding as permitted. This sloth is in sharp contrast to the haste displayed with respect to allegations against Putin for crimes in Ukraine associated with the 2022 alleged aggression.

7.      What is South Africa is seeking to achieve of such a case?

It is always hard to depict the motives for a controversial legal initiative of this kind, and in this instance the objectives may be less clear than the motivations. Post-apartheid South Africa has associated the Palestinian struggle for basis human rights with its own struggle against an apartheid regime. Nelson Mandela famously said, “our freedom will not be complete until the Palestinians are free.” In a sense, genocide should in some instances be regarded as the consummation of apartheid. It is the almost invariablle characteristic of the final stages of a settler colonial project, which is probably the best way to understand what is happening in Gaza, and to appreciate the bad memories that analogous developments generated in South Africa.

South Africa may also be motivated by recollections of the role played by governments in the Global West in relation to its own earlier struggle that was long insensitive to the oppressive racist rule because it was strategically linked to apartheid South Africa in the Cold War Era. Palestine has been victimized and Israel shielded and enabled by the American-led commitment to its strategic interests in the Middle East as reinforced by pro-Israeli domestic lobbying and donor leverage in relation to government policy and media presentations.

Many of those who work on the South African initiative or were supportive of its effort to appeal to the ICJ to stop the Gaza genocide have been quoted as saying world to the effect, “I have never been so proud to be a South African or of our government.”


8.      U.S. Secretary of State Antony Blinken denounced Israel being referred to the (ICJ) for alleged genocide during its war in Gaza, calling the claim “meritless.”, What do you make of the Biden Administration position?

As suggested in earlier responses, the primacy of geopolitics in US foreign policy leads to the subordination of international law whenever compliance clashes with strategic interests. To call the South African initiative ‘meritless’ in light of the copiously documented genocidal practices, policies, and exterminist language of Israel’s top leaders defies reality as embodied in the provisions of the Genocide Convention, which calls upon parties to prevent and punish the commission of genocide by others as well as to refrain themselves from such behavior. To not exempt ‘genocide’ from geopolitics is in my judgment itself a sign of national decadence at a time when the global public good desperately needs expressions of respect for all peoples inhabiting the planet.

There are two points to observe: (1) the contrast between the US impassioned allegations of violations by its adversaries, China and Russia, and its unconditional support for accused international friends and allies is a stunning display of irresponsible statecraft; (2) the moral hypocrisy associated with such brazen double standards, severely undermines the authority of international law by treating equals unequally, and opportunistically.

The US is paying a high reputational cost at home and internationally by standing with Israel in opposition to the South African effort, which enjoys support all over the world, because it is seeking to bring an ongoing and transparent genocide to an end. This initiative by way of the ICJ was undertaken only after several attempts in the UN Security Council and General Assembly were blocked, diluted, or were unheeded principally due to US leverage exerted on behalf of Israel. It shines a bright light on the significant relevance of complicity crimes to this horrifying ordeal being inflicted on the civilian population of Occupied Palestine.

9. How important is the mainstream media bias in the US? In relation to the perceptions of genocide in Gaza? And to claims of liberal democracy, which include media independence, which has become crucially important to assessing American foreign policy?

Western Media Bias, Israeli Apologetics, and Ongoing Genocide

I found shocking that the NY Times published on January 17th no less than three opinion pieces by Jewish authors, unbalanced by a single Palestinian or principled critical voice. Daniel Levy, a former Israeli former peace negotiator, yet for many years a critic of what I would call the maximalist Zionist approach to ending the Israel/Palestine struggle over territory and statehood. In this latest piece Levy fails to use the word ‘genocide,’ yet helpfully pronounces as dead the two-state solution long rejected by Israeli leadership yet to this day embraced by US policymakers as a PR tactic to suggest that Washington is not a blind follower of Israel. I have no quibble with the Levy opinion piece that deserved to be published, but was so overshadowed by its two companion contribution by NY Times regulars.

Levy argues that the US should abandon this zombie peace diplomacy and adopt a more modest approach that limits its role to advocating the protection of Palestinian human rights for all those living beneath the current Israeli existential one state version of ‘the river to the sea.’ Levy is persuasive in taking account of Israel’s “categorical rejection of Palestinian statehood” referencing Netanyahu pre-October 7th defiant assertion that ‘the Jewish people have an exclusive and inalienable right to all parts of the Land of Israel.’” This aggressive approach to the endgame of the conflict falls outside the comfort zone of many liberal Zionists and is obviously distasteful to Levy.

The Levy piece was a reasonable expression of opinion largely at odds with the Biden approach but as juxtaposed to adjoining pieces by Bret Stephens and Thomas Friedman it contributed to an impression of extreme bias. The Stephens piece was so extreme, in my view, as should have made it unpublishable in any responsible media platform, and yet the NY Times gave it prominent billing on its Opinion Page. I suspect, even though ardently pro-Israeli, it would have been summarily rejected if submitted by someone unconnected with the newspaper rather than by one of its regular opinion writers. Its title accurately foretells its tone and essential message: “The Genocide Charge Against Israel Is a Moral Obscenity.” Stephen’s vitriolic prose is directed at the South African initiative at the International Court of Justice, which was based on a scrupulous legal argument setting forth in a 95 page carefully crafted document supporting its application for Provisional Measures to stop the ongoing ‘genocide’ until the tribunal decides the substantive allegation on its merits. Stephens’ piece even had the audacity to normalize the dehumanizing language used by the Israeli leadership in describing the ferocity of their violence in Gaza. Stephens seems willing to endorse the position that the alleged and presumed barbarism of the Hamas attack of October 7 allowed Israel to engage in whatever violence would serve their security without being subject to legal scrutiny or UN authority. At this point Israel has killed at least 23,000 Palestinians, without counting the 7,000 missing persons thought to be buries in the rubble. This total of 30,ood fatalities of mostly innocent, long abused civilians, is the equivalent of over 5,oo,ooo if a similar proportion of deaths were to occur in a country with a population of a size similar to that of the US, and the worst may yet to come for the Palestinians. Beyond the death toll are other severe crimes of humanity that are also features of the overall genocide: forced evacuation; induced starvation and disease; destruction of homes, hospitals, holy places, schools, and UN building.  

In Stephens’ view this decimation of the people of Gaza is not indicative of genocide but should be viewed as the normal side-effects of a war that is a legal instance of self-defense. Given the weaponry used against sheltering civilians in sites protected under international law, what I find obscene is the heartlessness of Stephens’ gushing carte blanche vindication of Israel’s behavior coupled with the contempt he bestows on those who stand up for the protection of Palestinian rights and the repudiation of what has all the appearance of genocide as specified in the Convention.    

Indeed, Stephens argues that China’s abuse of the Uyghurs or the ‘killing fields’ of Cambodia or Soviet Gulag conditions is the real stuff of genocide, and yet went unpunished, while Israel is being maliciously singled out for these delegitimating charges of genocide solely because in his warped judgment the perpetrators are Jewish. It is a shameful line of argument put forward in a slick tone of tribal superiority and legal indifference. There is much room for debate surrounding these events in Gaza and the West Bank since October 7, but to characterize South African recourse to the preeminent judicial body in the world, known for its respectful attitude toward state sovereignty as a ‘a moral obscenity’ is a further illustration of Stephen’s inciteful extremism that feeds the repressive impulses of such Israeli powerhouse lobbies as AIPAC.  It ventures beyond the pale of responsible editorial filters, sure to be present if a Palestinian author wrote, with greater justification, that Israel’s defense of its behavior before this very court amounted to ‘a moral obscenity.’ Not only would such a hypothetical article be rejected, but any future submission by such an intemperate author would probably be rejected without being read.

The third opinion piece was written by the newspaper’s chief pontificator, Thomas Friedman. It recounts part of an interview Friedman. conducted with Antony Blinken a day earlier at a public session of  the Davos World Economic Forum. Friedman was far more civil than Stephens, not a high bar, but more subtly as provocatively aligned with the Israeli narrative, and as always, self-important and pretending to write from above the fray. Friedman started his piece by contextualizing Israeli behavior sympathetically as reflective of the extreme trauma experienced by Israelis as a result of the Hamas attack, without a word of sympathetic empathy for the Palestinian outburst of resistance after 50 years of abusive occupation and 15 years of a punitive total blockade. Against this background, Blinken was portrayed as a tireless representative of the US Government doing his diplomatic best to limit the magnitude of devastation in Gaza and support the delivery of urgently needed humanitarian aid. In the interview Blinken declared that he was heartbroken by the tragic ordeal being experienced by the Palestinians, and yet Friedman not bring himself to question this high US official and unconditional supporter of Israel even gently as to why given these grim realities he continues to endorse the support for Israel’s military operation at the UN and through military assistance knowingly contributing to a continuation of this onslaught.

Friedman offers no reference to Blinken’s earlier extravagant   official assurances of direct US combat participation if Israel so requests. Friedman failed to pow3 even a softball question about Blinken’s attitude toward Israel’s dehumanizing statements, tactics, or evident ethnic cleansing goals. Blinken had seemed for most of the 100+ days of Israeli violence entirely comfortable to be carrying out his role as enabler-in-chief of the Israeli ongoing genocide. Such a role entails legal accountability for serious, ongoing complicity crimes, and not the celebration of a man doing a professional duty that brought him personal grief. It is illuminating to appreciate that to slow the velocity of genocide, even if such a mitigating intention is conceded, is still genocide.

What makes this show of media bias particularly disturbing is the refusal to consider that most non-Westerners have little doubt about the true nature of Israel’s guilt in relation to the commission of this ‘crime of crimes.’ This perception has nothing to do with the fact that Israel is a Jewish state, and everything to do with the stark clarity of Israel’s formal intentions and the manifest nature of its militarist extremism that is entering its fourth month. A further damning fact is that this is the most transparent genocide in all of human history as nightly TV brings its daily occurrence before the eyes of virtually the whole world.  The horror of previous genocides, including the Holocaust, has been largely disclosed after the fact, and even then these human tragedies  were largely interpreted by way of abstraction and statistics, as well as through the grim tales told by survivors or in the form of reconstructions done long after the bloody realities by documentary films, investigative journalism, and scholarly inquiry.

My emphasis on this single day’s selection of opinion pieces is not merely to allege NY Times bias, but to raise the tricky questions of self-censorship and media independence of deference to government policy especially in the context of war/peace issues. As shocking as I found the Stephens’ rant, more shocking was the failure of the NY Times and most national media to report on the extraordinary protest activity around the country in recent weeks, including a demonstration in Washington on Martin Luther King Day of 400,000 pro-ceasefire protesters. Surely, this such an outpouring of citizen didn’t deserve to be dismissed as not newsworthy. Especially in this era where social media reinforces the post-truth ethos of right-wing politics, the future of democracy under threat, would benefit from more responsible managerial standards on the part of the most trustworthy media, and especially with regard to controversial foreign policy, more debate, and less deference to Pentagon, State Department, and White House viewpoints.

I have no intention to make the NY Times a scapegoat. Its response to the Gaza genocide is indicative of a systemic problem with media reportage. For instance, watchers of CNN deserve more independent critical voices, and less official rationalization from government spokespersons, or retired military officers and intelligence bureaucrats. It is dangerous enough to endure deep state manipulations from within the bureaucracies but to have such views infuse media integrity is to resign the country to an autocratic future.  

Why International Law Matters even if Israel Refuses to Comply with ICJ Priovisional Measures Ruling

17 Jan

[Prefatory Note: The post below is a much modified set of responses to questions posed by Mohamed Elmenshawy a journalist working at Al Jazeera Arabic from Washington  1/10/2024). Question 9 below has been added to deal with Western media bias as illustrated by three opinion pieces published on 1/17/2024.]

1. How should we interpret the South Africa allegation that Israel’s military operations in Gaza violate the country’s obligations under the United Nations Genocide Convention and that its actions constitute genocide?

Israel’s military operations have lasted more than three months, but from almost their very outset objective observers felt confronted by ‘a text book case’ of genocide as the military onslaught was systematically and openly aimed at making Gaza uninhabitable and inflicting severe suffering on innocent civilians in flagrant violation of basic rules of international law. Such a military campaign was proclaimed in these extremist terms by Israel’s top political and military leaders and consistently exhibited in practice by the sadistic tactics relied upon by Israel’s armed forces. Disregarding official language that called for turning Gaza into ‘a parking lot’ or ‘emptying Gaza of all Palestinians’ or posing a choice of ‘leave or die’ disclose a stunning defiance of the criminal prohibition against the crime of genocide. Israel overlooks the fact that it was a party to the Genocide Convention, which pledged respect for this unconditional limitation on state behavior, meaning that neither self-defense nor anti-terrorism could provide a legally credible basis for Israel’s behavior toward Gaza since October 7. In addition, Israel twists the facts and evidence as in its presentation to ICJ, by contending that the Hamas attack was the real occasion of genocide and that it is Israel that is defending itself against a genocidal adversary.


2.      What happens if South Africa wins at the ICJ?

We cannot know how Israel and the United States, and other countries would respond, but we can offer an informed opinion that draws on Israeli allegations against South Africa, insisting that the mere bringing of a legal dispute alleging the reality of genocide in Gaza amounts to a blood libel against the Jewish people, and in the more guarded secular language of the US State Department that the South African initiative is ‘meritless’ as it lacks an acceptable legal basis in fact. The US is likely if necessary to use its veto power in the Security Council and disregard any General Assembly resolution that called for compliance with whatever Provisional Measures the ICJ decrees, as it is authorized to do under Article 41(1) of the Statute governing its operations.

If this anticipated sequence of evasive or defiant non-compliance occurs, it will likely lead to large and sustained protests throughout the world, including in the North American and former European countries that have lent Israel varying degrees of support and initially gave their full-throated  approval to Israel’s response to the October 7th Hamas attack. The rising opposition to Israeli behavior in Gaza is posing serious destabilization threats of adverse political consequences in some countries, typified by the widespread labeling of Israel as ‘a pariah state’ in some settings, and to a dramatic escalation in the nature and militancy of global solidarity initiatives throughout the world including recourse to sports and cultural boycotts, and calls for an arms embargo and international sanctions. This civil society activism has the potential leverage to transform the discursive approach to the underlying conflict of many governments in the Global South and possibly in Israel and its governmental supporters. This happened to the surprise of many in South Africa, although under very different circumstances.


3.      What happens if South Africa loses at the ICJ?

Israel would undoubtedly gloat, celebrating a lawfare victory, and demeaning critics of Israel’s tactics in its Operation Swords of Iron as hysterical antisemites. It would also lead Israel and the US to feel vindicated by the refusal to follow the global majority favoring an early ceasefire.

Those supporting the South African initiative would likely react with a mixture of perplexing confusion and outright anger at this disappointing outcome at the ICJ. How could the highest court in the world look at such overwhelming evidence so well presented to the Court by the South African legal team, and decide perversely and unprofessionally. Assuming even a split reaction to a majority decision in which the Global West stood behind Israel and rejecting the views of those adopting the perspectives of the Global South, the Court’s stature as a legal tribunal deserving the utmost respect of UN member states would be drastically reduced, temporarily at least.

There is a middle ground based on a highly technical and legalistic jurisdictional argument put forward by Israel at the ICJ hearings to the effect that any action by the Court would be ‘premature’ as there was a failure to establish that a ‘legal dispute’ between the parties existed prior to when the application to the Court was submitted. This argument was refuted by the South African team at the ICJ January hearings, but it could relieve the Court, or some of its judges, of the duty to resolve the awkward dilemma at the core of South Africa’s request for Provisional Measures, which pits legal propriety against political expediency.

In some respects, the most significant result of a negative decision or even a technical evasion would be widespread disappointment producing a probable reaction in world public opinion to the effect that the World Court is out of touch with the flow of history, and in light of this, a dramatic increase in global solidarity initiatives along BDS lines will occur exhibiting surging transnational activism. The growing belief that only civil society activism has any prospect of terminating this terrible humanitarian ca such as has been unfolding in Gaza this in which the primacy of geopolitics disregards law and morality when strategic interests are at stake.

In a sense, whether South Africa’s request that the Court issue Provisional Measures to stop the genocide succeeds or fails might not make a big immediate difference as to the substantive impact of its decision. If the Court grants the South African request Israel will almost certainly refuse to comply which will produce civil society anger and coercive actions in response to Israel’s non-compliance. Whereas if the request is rejected, an angry populist response would also escalate civil society engagement and add to present hostility toward Israel in many parts of the world. In the latter case some of the frustration would be directed at ICJ as a flawed or politicized institution, whereas if its positive decision is ignored, most of the frustration would be expressed as anger toward Israel and the US. In other words, win or lose, the implementation of the norms of the Genocide Convention are subject to formal nullification by what has afflicted the whole UN system when it comes to enforcement—the primacy of geopolitics in determining the presence or absence of a sufficient political will on the part of actors with requisite capabilities to achieve enforcement of authoritative judicial decisions. The prospect of geopolitical obstruction in response to the South African initiative dooms orderly compliance in the event that the ICJ grants the request for Provisional Measures to stop Israeli violence until a decision of the merits is forthcoming on the allegation of the crime of genocide.

4.      Benjamin Netanyahu claimed that the Israeli military is the “most moral army in the world”, Do you agree with him? why?

This was never more than a highly inflated claim made by Israel’s formidable hasbara, or simply. the message transmitted by its state propaganda machine and repeated throughout the Global West by Israel support groups. The Goldstone Report of a UN Human Rights Council fact-finding mission undertaken after the 2008-09 massive land/sea/air attack on the essentially helpless people of Gaza contains hard evidence of a series of war crimes relating to Israel’s tactics and weapons. It should be appreciated that Israel has a special obligation in Gaza to protect the civilian population, accentuated by its status as the Occupying Power, and hence subject to the legal constraints contained in the 4th Geneva Convention governing Belligerent Occupation. It should be remembered that years before the current encounter, even conservative international visitors, for example, David Cameron, referred to Gaza as ‘the largest open air prison in the world.” It is hardly surprising that individuals driven from their homes and homeland decades ago, then denied a right of return, and finally permanently  ‘imprisoned’ for no crime where they kept on what a prominent government advisor called ‘a subsistence diet,’ would at some point risk everything to achieve a jail break, what Norman Finkelstein termed ‘a slave revolt.’ From a legal and moral point of view, to the extent validated by independent sources, the Hamas attack on October 7 included war crimes, and unlawful hostage-taking, and should be repudiated, although part of a legitimate act of resistance against prolonged oppressive occupation.

Looked at less legalistically and more strategically, Israel has since 1967 used Gaza as a valuable experimental combat area where it could demonstrate the efficiency of its counter-terrorism capabilities a warning to its enemies and as a sales pitch to other governments helpful in winning customers for its robust arms industry, including in relation to innovations in tactics, weaponry, and training. It also wanted to show hostile countries in its neighborhood that it would retaliate against provocations with disproportionate force. It formulated such an approach in the Dahiya Doctrine back in the early 1980s, a mode of thinking that justified the destruction of a poor neighborhood in south Beirut that was known to be a Hezbollah stronghold enjoyed populist support. It is this Dahiya Doctrine, in a geometrically magnified form, that underlies the security justification for Israel’s horrifying response to the attack of October 7th, and to the extent that Israel response is deemed by a growing number of observers as an instance of genocide making a mockery of attempts to continuing to portray Israeli armed forces as ‘the most moral in the world.’ Morality does not mix well with official assertions from political leaders and military commanders that the Palestinians as a people are sub-human and deserve to be treated as such. The whole international movement to protect human rights rests on the foundation of human equality, and the universality of the legal entitlement to human dignity.  

5.    How does the war on Gaze affect the respect and prestige of International Law?

The short-term, yet insufficient, answer will be greatly influenced by how the ICJ handles the South African request for Provisional Measures, and whether the states of the world, particularly Israel and the UN, exhibit defiance or respect for the outcome. Also relevant is the degree to which civil society is favorably impressed by the ICJ response to the South African request, including its prompt delivery. A positive result will have some redeeming effects on street-level perceptions of international law around the world, and act persuasively to support the view that even when states refuse compliance and the UN is helpless to act, international law can be useful for advocates of justice through legality.

If we broaden the optic beyond the legal assessment of the violence of Israel’s campaign in Gaza, it becomes obvious that Israel has long openly violated international humanitarian law during its period of Gaza occupation that started with its victory in the 1967 War. Among many unlawful policies, Israel can be charged with during this period when it had the added obligations associated with being the Occupying Power in relation to Occupied Palestine, the most blatant are collective punishment, establishment of Jewish settlements in occupied territory, claims of sovereignty over the entire city of Jerusalem, appropriation of water and other resources in the West Bank, failure to withdraw from territories occupied during the 1967 War or to fulfill in good faith the primary duties as specified in the 4th Geneva Convention to protect the Palestinian people subject to its administrative authority as the Occupying Power. Israel also refused to heed the near unanimous ICJ Advisory Opinion of 2004 challenging the construction of a separation wall on occupied Palestinian territory. In general, Israel has defied international law whenever compliance would seriously interfere with its national policies and strategic priorities as pertaining to the Palestinian people. At the same time Israel invokes international law whenever it could be used to justify its actions or complain about Palestinian resistance. Its pathetic lines of argument January 11th ICJ Hearings on the South Africa initiative sought to invert the facts and evidence by casting itself in the role of the victim of Hamas genocide rather than its perpetrator.

By such manipulations, International Law is reduced to brazen lawfare, that is, International Law becomes a policy instrument in the toolkit tool of partisan national behavior, essentially a mode of propaganda to bolster self-serving legal arguments upholding national claims and denunciation of behavior by adversaries. This kind of manipulation undermines the ideals of law as constituting a set of constraints that rest on the formal authority to regulate the behavior of all sovereign states in ways that achieve mutual benefits by way of peace and justice. This kind of legal framework for action is what the UN Charter ambiguously offered the world in 1945. The geopolitical tensions of ensuing years made the UN generally helpless to implement these central war prevention goals, and often marginalized the UN in war/peace contexts.

6.      Israel is not a member state of the International Criminal Court? Could its leader be persecuted under its jurisdiction?

In theory, the ICC has jurisdiction to prosecute a leader of a sovereign state if the alleged international crime was committed within the territory of a party to the Rome Statute governing its operations. In practice, However, such a proceeding would require that the ICC to obtain physical control over the individual and this would normally depend upon the voluntary cooperation of the national state of the accused persons belong to a state that is not a party.  States that are ICC parties governing the operations of the International Criminal Court are under a treaty obligation to cooperate with the ICC, including during the investigative and any resulting arrest phases of a legal process. The accused person or persons must also be present in the courtroom in the unlikely event that there is a prosecution.

Israel does not need to be a party of the Rome Statute governing the authority of the ICC if the tribunal finds that it possesses valid legal authority to proceed with an investigation and possible indictment of Israeli political and military leaders charged with responsibility for crimes in Occupied Palestinian Territory, which would include Gaza. The ICC after a variety of delays did formally decide in 2021 in a Chamber consisting of three judges that it could proceed to consider Palestinian allegations of Israeli crimes committed on the territory of Occupied Palestine subsequent to 2014. Palestine had become a non-voting Member of the UN in 2012, and on the basis of this qualification as ‘a state,’ later a party to the ICC treaty framework as set forth in the Rome Statute. The present prosecutor of the ICC, Karim Khan, has shown little interest in proceeding as permitted. This sloth is in sharp contrast to the haste displayed with respect to allegations against Putin for crimes in Ukraine associated with the 2022 alleged aggression.

7.      What is South Africa is seeking to achieve of such a case?

It is always hard to depict the motives for a controversial legal initiative of this kind, and in this instance the objectives may be less clear than the motivations. Post-apartheid South Africa has associated the Palestinian struggle for basis human rights with its own struggle against an apartheid regime. Nelson Mandela famously said, “our freedom will not be complete until the Palestinians are free.” In a sense, genocide should in some instances be regarded as the consummation of apartheid. It is the almost invariablle characteristic of the final stages of a settler colonial project, which is probably the best way to understand what is happening in Gaza, and to appreciate the bad memories that analogous developments generated in South Africa.

South Africa may also be motivated by recollections of the role played by governments in the Global West in relation to its own earlier struggle that was long insensitive to the oppressive racist rule because it was strategically linked to apartheid South Africa in the Cold War Era. Palestine has been victimized and Israel shielded and enabled by the American-led commitment to its strategic interests in the Middle East as reinforced by pro-Israeli domestic lobbying and donor leverage in relation to government policy and media presentations.

Many of those who work on the South African initiative or were supportive of its effort to appeal to the ICJ to stop the Gaza genocide have been quoted as saying world to the effect, “I have never been so proud to be a South African or of our government.”


8.      U.S. Secretary of State Antony Blinken denounced Israel being referred to the (ICJ) for alleged genocide during its war in Gaza, calling the claim “meritless.”, What do you make of the Biden Administration position?

As suggested in earlier responses, the primacy of geopolitics in US foreign policy leads to the subordination of international law whenever compliance clashes with strategic interests. To call the South African initiative ‘meritless’ in light of the copiously documented genocidal practices, policies, and exterminist language of Israel’s top leaders defies reality as embodied in the provisions of the Genocide Convention, which calls upon parties to prevent and punish the commission of genocide by others as well as to refrain themselves from such behavior. To not exempt ‘genocide’ from geopolitics is in my judgment itself a sign of national decadence at a time when the global public good desperately needs expressions of respect for all peoples inhabiting the planet.

There are two points to observe: (1) the contrast between the US impassioned allegations of violations by its adversaries, China and Russia, and its unconditional support for accused international friends and allies is a stunning display of irresponsible statecraft; (2) the moral hypocrisy associated with such brazen double standards, severely undermines the authority of international law by treating equals unequally, and opportunistically.

The US is paying a high reputational cost at home and internationally by standing with Israel in opposition to the South African effort, which enjoys support all over the world, because it is seeking to bring an ongoing and transparent genocide to an end. This initiative by way of the ICJ was undertaken only after several attempts in the UN Security Council and General Assembly were blocked, diluted, or were unheeded principally due to US leverage exerted on behalf of Israel. It shines a bright light on the significant relevance of complicity crimes to this horrifying ordeal being inflicted on the civilian population of Occupied Palestine.

9. How important is the mainstream media bias in the US? In relation to the perceptions of genocide in Gaza? And to claims of liberal democracy, which include media independence, which has become crucially important to assessing American foreign policy?

I found it shocking that the NY Times published on January 17th no less than three opinion pieces by Jewish authors, unbalanced by a single Palestinian or principled critical voice. Daniel Levy, a former Israeli former peace negotiator, yet for many years a critic of what I would call the maximalist Zionist approach to ending the Israel/Palestine struggle over territory and statehood. In this latest piece Levy fails to use the word ‘genocide,’ yet helpfully pronounces as dead the two state solution long rejected by Israeli leadership yet to this day embraced as US policy. Levy strongly suggests that the US call it quits with respect to this zombie peace diplomacy and adopt a more realistic approach that limits its goals to the advocacy of the protection of Palestinian human rights for all those living beneath an Israeli one state version of ‘the river to the sea.’ Levy correctly notes the relevance of Israel’s “categorical rejection of Palestinian statehood” by reference to the guidelines of the Netanyahu pre-October 7th guideline setting forth its view that ‘the Jewish people have an exclusive and inalienable right to all parts of the Land of Israel.’” This is a typical kind of peace perspective that would fall within the comfort zone of many liberal Zionists, but it is hardly an approach to peace and justice based on UN guidelines, the views of even moderate Palestinian advocates of a political compromise, of even an attempt to allocate rights according to international law.

The Levy piece was a reasonable expression of opinion but juxtaposed with adjoining pieces by Bret Stephens and Thomas Friedman it contributed to my impression of extreme bias. The Stephens piece was so extreme, in my view, as to make it unpublishable in a responsible media platform. I suspect it would have been summarily rejected if submitted by someone unconnected with the newspaper rather than by one of its regular opinion writers. Its title accurately foretells its essential message: “The Genocide Charge Against Israel Is a Moral Obscenity.” Stephen’s vitriolic prose is directed at the South African initiative at the International Court of Justice, which was based on a scrupulous legal argument setting forth in a 94 page carefully crafted report supporting its application for Provisional Measures to stop the ongoing ‘genocide’ until the tribunal decides the allegations on their merits. Stephens’ piece had the audacity to normalize the dehumanizing language used by the Israeli leadership in describing the ferocity of their violence in Gaza. Stephens seems willing to endorse the position that the alleged barbarism of the Hamas attack of October 7 allowed Israel to engage in whatever violence would serve their security without engaging legal scrutiny. At this point Israel has killed at least 23,000 Palestinians mostly innocent, long abused civilians, which in Stephens’ view not genocide but a side-effect of war and self-defense.

Indeed, the piece goes on to argue that China’s abuse of the Uyghurs or the ‘killing fields’ of Cambodia or Soviet Gulag conditions were the real stuff of genocide, and went unpunished, while Israel is being maliciously singled out for these delegitimating charges of genocide solely because the perpetrators are Jewish. It is a shameful line of argument put forward in a slick tone of moral superiority and legal indifference. There is much room for debate surrounding these events, but to characterize recourse to the preeminent judicial body with a conservative legal tradition ‘a moral obscenity’ is itself ‘a moral obscenity.’ It goes beyond the pale of responsible editorial filters, sure to be present if a Palestinian author wrote more plausibly that Israel’s defense of its behavior before this very court was ‘a moral obscenity.’

The third opinion piece was written by its chief pontificator, Thomas Friedman. It reported an interview with Antony Blinken a day earlier at the Davos World Economic Forum. It was more civil that Stephens but as provocative, and as always, self-important. Friedman started by contextualizing Israeli behavior sympathetically as partly expressive of a trauma induced by the Hamas attack, without a word of sympathy for a Palestinian outburst of resistance after 50 years of abusive occupation and 15 years of a punitive total blockade. Blinken was portrayed as a tireless representative of the US Government doing his diplomatic best to limit Israeli tactics who declared he was heartbroken by the tragic ordeal being experienced by the Palestinians. No reference was made to Blinken’s earlier offers of direct participation by the US military in the Israeli response and not a word of criticism of Israeli dehumanizing statements, tactics, or evident ethnic cleansing goals. He seemed for most of the 100+ days of Israeli violence as entirely comfortable carrying out his role as enabler-in-chief of the Israeli ongoing genocide. Such a role entails legal accountability for serious, ongoing complicity crimes, and not the celebration of a man doing a professional duty that brought him great grief. It is illuminating to appreciate that to slow the velocity of genocide, even if such an intention is conceded, is still genocide.

What makes this show of media bias particularly disturbing is the refusal to consider that most non-Westerners have little doubt about the nature of Israel’s guilt in relation to the commission of this ‘crime of crimes.’ This perception has nothing to do with the fact that Israel is a Jewish state, and everything to do with the stark clarity of Israel’s formal intentions and the visible nature of its tactics that is entering its fourth month. A further damning fact is that this is the most transparent genocide in all of human history as nightly TV brings its daily occurrence before the eyes of virtually the whole world.  The horror of previous genocides, including the Holocaust, have been largely disclosed after the fact, and even then were largely understood by way of abstraction and statistics, as well as the grim tales told by survivors or research done long after the fact, and later through films and books.

SHAPE (Saving Humanity and Planet Earth): A Time for Bold Action to Stop Genocide in Gaza

13 Jan

The barbaric conduct of the Israeli state must be stopped The dignity and freedom of the Palestinian people must be upheld

The genocidal violence unleashed by Israel in Occupied Palestine since October 7 has produced unspeakable tragedy and suffering for the Palestinian people. Such barbaric behaviour places the State of Israel outside the bounds of a civilized world. Israel has become a pariah state, and must be treated as such by the international community  

Sadly, the response of many governments, especially in the global West, has been less than exemplary. The active support for Israel’s misdeeds extended by the United States and a good many of its allies can only be described as criminal complicity. Those governments and their leaders must also be brought to account.

The time is long past for debates about whether genocide has been committed or the US and other NATO members have been actively involved in the orgy of violence against the people of Gaza and the West Bank.

The evidence clearly indicates that the Israeli use of force satisfies the legal requirements of genocide, and Western governments have to varying degrees supported the commission and persistence of this crime of crimes. Bemoaning this ugly reality is necessary, but woefully short of enough.  

We unreservedly condemn all forms of political violence directed at civilians, including the criminal elements of the Hamas attack of 7 October.  However, that attack provides no legal or moral justification for the genocidal onslaught against the Palestinian people, which has paved the way for ethnic cleansing and land grabbing. Every Israeli action since 7 October has accentuated the most objectionable features of its long occupation, and earlier policies of forced evacuation.  

SHAPE BELIEVES THE TIME HAS COME FOR A BOLD RESPONSE, which is why we issue this call for urgent action on two different but closely related fronts.

The first front has to do with the immediate steps needed to stop the genocidal assault on Gaza. To this end:

  • We call on governments everywhere to actively press, not just through words but by all nonviolent means at their disposal, for an immediate and permanent ceasefire and wholesale economic reconstruction in Gaza and the West Bank funded primarily by Israel and its Western backers, with the Palestinian people given full control of the rebuilding process.
  • We call on Western publics to demand of their governments that they:
    • Join without delay the international call for an immediate ceasefire;
    • Stop all forms of diplomatic, economic and military support for Israel’s use of force in Gaza and the West Bank
    • Support South Africa’s application instituting proceedings against Israel before the International Court of Justice (ICJ) which argues that Israel’s conduct in Gaza violates its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.
  • We commend and support the widespread and passionate public support for the suffering people of Palestine in Arab and other Muslim countries, and we remind the governments of those countries that they will be judged not by their words but by their deeds. Their response thus far leaves much to be desired.  

Individual governments and key multilateral bodies, especially the Arab League and the Organization of Islamic Cooperation but also BRICS, should:

  • Spearhead a series of sharply worded resolutions at the United Nations, both in the General Assembly and the Security Council, with the primary aim of driving home the increasing diplomatic isolation of both Israel and its primary backer the United States  
    • Express their firm support for South Africa’s application to the ICJ accusing Israel of genocide and requesting the Court to order an immediate stop to violent actions of a genocidal character
    • Support the appeal by Algeria and Chile to the International Criminal Court to indict those Israelis responsible for perpetuating acts of genocide.   
  • We urge all governments to consider the severing or at least suspension of diplomatic relations with the State of Israel, and launch an international campaign for an international embargo on arms sales and other forms of military assistance to Israel.  

The second front has to do with creating the conditions for a just and sustainable peace, respectful of Palestinian rights under international law.  

To this end we call on civil society everywhere – NGOs, religious and cultural organisations, labor unions, professional bodies, corporations and banks – to:  

  • Implement policies within their spheres of concern and influence supportive of Palestinian rights
  • Consider the formation of an independent, non-governmental Commission of Peace, Justice, and economic reconstruction that brings together an eminent international panel of thought leaders and practitioners. Its brief would be to consult widely with Palestinian groups and intellectuals and propose a detailed transition to a new Palestine/Israel reality that fully respects the Palestinian people’s right to self-determination and remedies the wrongs of the past, notably Israel’s illegitimate and brutal occupation of Gaza, the West Bank, and East Jerusalem.  
  • Establish a separate panel, comprised of eminent jurists, other experts and representatives of civil society organisations to consider ways in which the United Nations system can effectively exercise its authority in the resolution of the Palestinian question. Every avenue within the UN system should be considered: the UN Security Council, but also the General Assembly, including the possibility of using a Uniting for Peace mechanism (modelled on Resolution 377A), UN agencies, and importantly the office of the UN Secretary-General, with greater space given within the UN system for a prominent, concerted and sustained civil society intervention.  

Issued by

Richard Falk     Chandra Muzaffar    Joseph Camilleri

SHAPE Co-Conveners 14 January 2024

Website: https://www.theshapeproject.com/  

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Probing the Depths: Roots of Unspeakable Crimes in Gaza–Criminality and Complicity

10 Jan

[Prefatory Note: the following interview with an Iranian journalist was completed on 1/9/24, during the week when South Africa puts forth its legal argument before the International Court of Justice in The Hague, seeking ‘provisional measures’ designed to stop the Israeli genocide in Gaza. Even if Israel refuses to comply should the World Court respond favorably to this emergency request as I expect it will, the decision will have an historic importance: drawing the West into the orbit of legal accountability by indirectly implementing its complicity with the Israeli attack, by an almost certain escalating effect on pro-Palestinian solidarity initiatives around the world, and by conferring on Israel the labels of ‘rogue state’ or ‘pariah state.’]

  1. At first, there’s a need to contextualize for our readers Israel’s urge to silence pro-Palestinian voices and the voices of the critics of Israel, both in the US and globally. As someone who has experienced it firsthand, can you please explain that urge?

Israel is very sensitive to international criticism, especially by critics associated with its base of support in the colonial settler and European colonial states, which together comprise the White Global West. It is also sensitive to pro-Palestine lawfare associated with international institutions, especially the UN, International Court of Jusstice (ICJ), International Criminal Court, and the UN Human Rights Council (HRC) because its legitimacy as sovereign state partly rests partly claim to be the only democratic state in the Middle East, a (mis)perception reinforced by US at the highest levels of governments pointing to ‘shared values’ that were at the core of ‘the special reliationship,’ overlooking the crimes against the indigenous majority Arab population of Palestine involving massive expulsion in 1948 and exploitative dominance since at least 1967 over the Occupied Palestinian Territories of East Jerusalem, West Bank, and Gaza.

I was the target of Israeli smears and defamatory attacks during the period I served as Special Rapporteur on Israeli Violations of Human Rights in Occupied Pallestine in the period of 2008-2014. The attacks involved slanderous accusations of antisemitism on my part, and also sharp criticism of the UN as biased due to its disproportionate attention given to alleged Israeli wrongdoing. The UN responded defensively doing whatever it could to distance itself from me, especially during the time that Ban Ki Moon was Secretary General. He explained my remaining as Special Rapporteur by reminding Israel and the world that I, as an unpaid appointee of the Human Rights Council, was not part of the UN civil service and hence beyond his disciplinary reach. This was a virtuall admission that the Israel defamatory criticism were justified. Attacking its critics became a policy tool used by Israel and its Zionist support structure in Global West countries with increasing frequency for two reasons: the weakness of Israel’s substantive position creating an incentive to shift the conversation from a focus on its severe violations of law and morality to the credibility of the critics a process that I have called ‘the politics of deflection’ in which the attention of the media is diverted to the messenger rather than the substantive message about Israel’s violations, and the related intimidation directed at activists and others who dare promote nonviolent solidarity initiatives such as BDS (boycott, divestment, and sanctions). No comparable effort was made to stifle such criticism or activism of South Africa during the apartheid period even though the governments of the US and UK were strategically aligned with apartheid South Africa during the Cold War years. The presence of a pro-Israeli Zionist network that shields Israel from criticism by ‘weaponizing antisemitism’ in varying ways that cause imbalances in the media and infringements upon academic freedom within educational institutions of the West.

  • How can we explain Israel’s tight grip on public discourse on Israel-Palestine issue for so long? How could it accumulate so much power and influence within different states and international entities? If there is a financial aspect to it, how powerful is it?

This is a complex, fundamental question. Israel established its legitimacy as a new state shortly after World War II in the twilight of the European colonial order, imposing its sovereign claim on a resident majority Arab majority that identified as belonging to the nation of the Palestinian people. The Zionist project of establishing a Jewish state in Palestine was a dream of a small dedicated movement in late 19th century Europe that became a political project when the UK pledged its support in the Balfour Declaration (1917) for a Jewish Homeland in Palestine, a purely colonial interference with the self-determination rights of people. The statehood of Israel became an attainable goal during the British mandate period in which the UK administered Palestine as an International Mandate on behalf of the League of Nations, and encouraged Jewish immigration, a process accelerated in response to the rise of fascism in Europe, climaxism of lethal antisemitism in the Holocaust that put to death as many as six millions Jews in Europe, and caused a sense of guilt on the part of Western liberal democracies for their meager efforts to oppose such genocidal behavior.

The British ended their mandate, partly in reaction to Zionist anti-British terrorism dumping on the newly formed UN the daunting challenge of finding a solution to the surging internal conflict in Palestine between settler Jews and indigenous Arabs. The UN relied on British experience with its divide and rule style of colonialism. It established a commission that made recommendations centering on a proposed partition of Palestine into two states with Jerusalem as both their common capital and an international city. The Zionist Movement accepted partition, the representatives of the Palestinian people rejected it. Against this background Israel was established in the aftermath of a war internal to Palestine between Jewish militia forces and the armed forces of neighboring Arab countries, ending with an agreed ‘green line’ that was treated as a provisional internal boundary between the two peoples that enlarged Israel beyond the UN partition territorial allocations, giving the Jewish state 78% of Palestinian territory rather than the 45% contained in the UN plan, and dividing Jerusalem between the two peoples, leaving the control of Palestinian side of the green line to Jordan and Gaza to Egypt.

Even with its military victory and Western diplomatic and economic support, Israel was founded in a context that contained challenges to its legitimacy as a state from its region and indeed from most of the Global South. From the outset Israel realized that its security and status in international life would be greatly helped if it could control the public discourse that shaped international public opinion. Its fragile security was highlighted by the fact that in its early years it was surrounded by hostile larger states that perceived the establishment of Israel in their midst as a territorial, racial, and religious intrusion, a colonialist solution of a European problem at the expense of the Islamic, Arab bloc of countries.

Israel’s success in discourse control was greatly aided by the extent of Jewish influence in the large media platforms of the West, especially in the US and UK, as facilitated by the wealth of Diaspora Jews mobilized after Hitler to support the establishment and development of a Jewish state as a place of secure sanctuary in the event of future outbreaks of lethal antisemitism. This propaganda tool was used in sophisticated ways to create great admiration for Israel as liberal democracy in the Western mold and a modernizing success in contrast to the supposedly backward, stagnant, impoverished Palestinian society. In contrast, Israel was portrayed as socially progressive, economically successful, and even managed to make ‘the desert bloom.’ At first, there were tensions in the West between support for Israel and maintaining reliable access to the huge oil and gas reserves of the region. Israel was able to resolve these tensions with its victory over its Arab adversaries in the 1967 War, as well as occupying the territories allocated to the Palestinians in 1948. And most symbolically important it unilaterally incorporating Jerusalem as the eternal capital of Israel, an initiative that to this day is not accepted by many governments. After 1967 Israel shifted its relationship to the US from that of strategic burden to strategic partner, and became a militarily significant actor throughout the region. Israel was allowed to acquire nuclear weapons in defiance of the non-proliferation treaty arrangements. After the Iranian Revolution of 1978-79 Israel becaame even more valuable as the fall of the Shah meant the loss of the only other strategic ally of the West in a region strategically important for energy and control of major trade routes. 

At the same time as Israel’s apartheid regime engaged in dehumanizing modes of controlling Palestinian resistance and Israel became increasingly clear about its unwillingness to reach a political compromise achieved by bilateral negotiations, resulting in new assaults on its legitimacy became more widely questioned even in Western societies, but not by governments. This process was recently further intensified when the Netanyahu coalition government with Regligious Zionism party took over in January 2023, and immediately greenlighted settler violence on the West Bank, violated the sanctity of Muslim sacred sites (especially Al Aqsa Mosque), and displayed maps at the UN and elsewhere with only Israel present between ‘the river and the sea.’ Throughout this period Israel’s control of the discourse, reinforced by the Zionist well funded network in the Global West used its discourse dominance to demonize its critics. It was helped by the adoption of the IHRA (International Holocaust Remembrance Asssociation) definition of antisemitism, which treated any sharp criticism of Zionism or Israel, however justified by evidence and reasonable, as antisemitism. With possibly tragic irony such false branding seems to be producing real antisemitism in the world in its authentic form of hatred of Jews as an expression of hostility towards the behavior Zionism and Israel.

  • We hear or read a lot these days about the fact that Israel is an apartheid regime; what is apartheid, and how does Israel qualify as an apartheid state?

Most understandings of the nature of apartheid accept the definition set forth in Article II of the 1973 Convention on the Suppression and Punishment of the Crime of Apartheid, which reads as follows:

Article II

For the purpose of the present Convention, the term “the crime of apartheid”, which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person:

(i) By murder of members of a racial group or groups;

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;

(iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;

(b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;

d) Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;

(e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;

(f) Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.

It was made clear in the understanding of the crime that although South African racial system of exploitative subjugation of the African indigenous population was the model for declaring apartheid to be a Crime Against Humanity, it is applicable to any arrangement that satisfies the treaty definition. It is so regarded by the International Criminal Court, see Article VII(1)(j). In Article VII(2)(h)) the nature of the crime is clarified: (h)  “The crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime”;

In the years since 2017 a series of reports sponsored by the UN and issued by widely respected human rights NGOs have confirmed the credibility of earlier allegations that the treatment of Palestinians qualifies in various ways as apartheid. (See detailed reports of UN ESCWA; Human Rights Watch; Amnesty International; B’Tselem). To some extent, the criminality of Israeli apartheid has been temporarily subordinated to allegations of genoicide following the Hamas attack of October 7, 2023. If Israel’s falls short of its current genocidal effort to coerce Palestinians to leave their homeland, then concerns about Israel’s policies and practices of apartheid would undoubtedly be renewed.

  • Given the recent momentum that the pro-Palestinian movement has gained, especially in the US, do you see any chance for a change in the essence or form of the US support for Israel in the short-term?

There has definitely been a shift in public opinion among the citizenry in Global West countries, but the governments, above all the US and UK continue their support of Israel despite spreading opposition to the devastation of the civilian population of Gaza, making the small crowded region totally unlivable without a massive reconstruction and relief effort.

The governments that continue to support Israel even after its recourse to genocide are influenced by a mixture of strategic interests and what might be called identity politics. The strategic and identity issues converge in relation to Israel as it combines strong military capabilities with a civilizational identity as a high-tech modern society with principal ties to the West, and having a series of hostile Islamic countries and non-governmental movements as its adversaries. If a wider war breaks out it will be viewed as ‘a clash of civilizations’ recalling Samuel Huntington’s 1993 prediction of the world after the end of the Cold War. Part of this overall picture of stability of Israel’s relationship with the liberal democracies of the West despite its unabashed endorsement of genocide in addressing the Palestinian people is best explained by the effectiveness of Zionist funding of political opponents of elected officials critical of Israel, and financing of Israel friendly politicians in these countries where donor leverage that remains strong at the national level. Also important, is the absence of organized Palestinian lobbying capabilities in the West that could somewhat diminish pro-Israeli foreign policy biases.

If Israel succeeds in implementing its population transfer scenario in Gaza, forcing surviving Palestinians to become refugees in the region, ethnic cleansing will be added to the criminality of genocide in the form of a Crime Against Humanity. This would almost surely lead to mobilization of anti-Western forces throught the Middle East, adding dangerous new stresses to the fraying bond tying the Global West to Israel. Also, uncertainties as to Israels reaction to being treated as ‘a pariah state’ subject to boycotts and even sanctions, and surging militancy among global solidarity groups dedicated to a humane future for the Palestinian people, including the 7+ million refugees and exiles living nearby and around the world.

  • As you’ve mentioned in your preface to the book, ‘We Will Not be Silenced’, in Israel’s war against Gaza, “’the people’ become the enemy,” and, therefore, to legitimize such a war, one has to dehumanize that people. How has Israel gone on about doing so from 1948 onwards?

As Edward Said pointed out in his book, Orientalism, the colonial intellectual portrayal of the Arab is a prelude to dehumanization and a sense of Western civilization superiority, especially as assessed through an optic of technocratic modernity. As earlier discussed, Israel was established as the European colonial order was collapsing and in the aftermath of a monstrous genocide that the liberal democratic countries in the West did little to stop until Germany and Japan committed aggression imperiling their overall global hegemony. The early Zionist anticipated the current attempts to erase the Palestinians from their homeland as expressed by the dehumanizing saying: “a land for a people without land for a land without people.”

What has complicated life for Israel is that the indigenous nationalism of the Global South as well as the defeat of European colonialism created a sense of the legitimacy of resistance, even armed resistance that has been incorporated to a controversial extent into contemporary international law. The recognition of the inalienable right of a people to national self-determination results in the settler colonial authority movements as being lawless undertakings, the overt enemy of indigenous populations as denigrated as backward or non-existent. If such tactics do not remove such obstacle, then the settler colonialist move by stages until reaching the genocidal conclusion that unless the indigenous population is utterly marginalized, exterminated, or expelled it will prevail over time. In this sense the settle colonial failed projects of South Africa and Algeria are instructive on the central point that superior military capabilities will not bring the settler regime reliable security, nor  will its cruelty and exploitative policies exhibited by its imposed dominance. Despite the darkness of the skies over Palestine at present, it has never been closer to an achieving some kind of victory and liberation that was unimaginable just a few months ago.

  • As my last question, I want to know, in your opinion, what hope is left for Palestinians? They are witnessing, on a daily basis, what seems to be a deadlock, created by the US’s unconditional support for Israel, and they have no recourse to the international law.

The best hope for Palestine at this time is the escalation of civil society activism to stop the genocide, as sought by South African application to International Court of Justice, and to isolate Israel in meaningful ways through cultural, sports, and all types of boycotts. Within the foreign policy of the Global West and in relation to Israel itself there is no basis for a just and sustainable peace being promoted diplomatically and strategically by leading governments or effectively by the UN. Geopolitical primacy in situations of strategic priority, as is the case for the US and Israel, overrides the guidance of international law and the morality of inter-governmental co-existence. This, short of geopolitical reassessment there is no realistic prospect for any sufficient change in the commitment of the West to Israel’s security as it seeks to pursue it.

As mentioned above, only civil society activism can change the calculus of strategic interests in the West and Israel in the short run of 5-10 years. As the transformation of South Africa made clear, the impacts of becoming a pariah state in a variety of international arenas made it willing to transform the state from an apartheid regime to a constitutional democracy that facilitated transition by outstanding African leadership, a sympathetic world public opinion, and a focus on racial issue and political rights, which respecting the economic rights and social status of the displaced white settler elite. While Israel for all sorts of reasons cannot be compared to South Africa, there exists a zone of uncertainty that may generate some comparable solution that is above all able to find a framework based on racial/religious equality and a coexistence based on respect for the rule of law and human rights for all.

Gaza & Empire: Webinar

4 Jan

In this time of humanitarian emergency and criminality, the enraged voices of the people must be heard above the tsunami of state propaganda controlled by Israel and its geopolitical supporters in the Global West. It is no longer necessary or useful to debate whether this spectacle of horror satisfies the legal definition of ‘genocide.’ Lawyers and bureaucrats can indefinitiely prolong debate while children daily die and homes of previously abused persons continue to be destroyed. We are all responsible to act now to stem the high tide of Palestinian blood flowing across a still passive human terrain.

Gaza Webinar: Is Israel Cornered?

2 Jan

Israel despite a transparent genocidal onslaught in Gaza that has gone on for more than three months may find itself cornered: unable to prevail, unable to accept defeat. What then?

Wed., Jan. 10 at 7 PM EasternThe Gaza War, Short & Long-Term Diplomatic Imperatives, & Implications for the Middle East and Geopolitics, with panelists Richard Falk, Irene Gendzier, and Assaf Kfoury. Discussing: What must be done to end the war? To prevent escalation to a still more catastrophic regional war? To begin the difficult diplomacy to ensure the rights, dignity, and security of both the Palestinian and Israeli peoples? To create U.S. policies that defuse rather than exacerbate militarism, divisions, and tensions across the Middle East?

Sponsored by: Campaign for Peace, Disarmament, and Common Security

* Richard Falk is Albert G. Milbank Professor Emeritus of International Law at Princeton University

* Irene L. Gendzier isProfessor Emerita at Boston University, Dept. of History and Political Science

* Assaf Kfoury is a professor in the Computer Science Department at Boston University

>>> To register, click at https://us02web.zoom.us/webinar/register/WN_3bx1nQUoQrGAV__F9ZqEkw#/registration