Archive | March, 2024

The Legacies of David Krieger and Robert Oppenheimer: Iconic Signatures of the Nuclear Age

15 Mar

[Prefatory Note: On March 14 at the local Music Academy concert hall I gave what was called the ‘keynote address’ in the program of a memorial event honoring the personal and political legacy of David Krieger, the President of the Nuclear Age Peace Foundation here in Santa Barbara, California. In this slightly modified text below I stress the comparison between Oppenheimer the film and Krieger the civil society star anti-nuclear activist as well as the persona of these two extraordinary individuals.]

Let me begin by adding my greetings to those many members of David’s family that are here among us on this most special occasion– at once solemn in our remembrance of loss and celebratory in our sense of David’s lifetime dedication to what Lincoln called ‘our better angels.’

And a warm welcome to those others gathered here today in friendship and admiration for a life well and meaningfully lived by David

I feel moved and challenged to be part of this remembrance of David, coming a few days after the question of nuclear weapons was brought before the American people by the many honors heaped on Christopher Nolan’s Oppenheimer at the Academy Awards ceremony. I believe it accurate to suggest that not since the Cuban Missile Crisis of 1961 or perhaps even the atomic attacks on Japanese cities at the end of World War II has there been such public attention given to the dangers of nuclear war by ordinary American citizens. Of course, this flurry of concern was abetted in a variety of ways by the nuclear diplomacy of Vladimir Putin, which can be best understood as both a threat and a warning. It seems to be sending a message to the West that Russia is ready for nuclear war if the US escalates its involvement in the Ukraine War by sending US troops to fight alongside the Ukrainians, a course of action many of us oppose for reasons additional to those associated with Putin.

The loss of David in 2023 given these background circumstances reminds us of his lifelong dedication to ridding humanity of the nuclear menace both by educating Americans and others about the apocalyptic dangers of nuclear war and by his sharp criticisms of the distressing embrace of nuclear weaponry by the US Government and its main alliance partners during the Cold War and ever since. This embrace included the bipartisan failure to comply with international law, most explicitly with Article VI of the Nonproliferation Treaty requiring nuclear weapons states to seek in good faith nuclear disarmament. In a more personal sense David left us at a time when I know that he felt that his successor as President of the Nuclear Age Peace Foundation would provide the same commitment, energy, and inspiration in providing the same practical leadership that so vividly defined David’s professional and spiritual identity. I know that I speak for the entire Board and Staff of the NAPF when I say that we all share David’s sense that the Foundation is in the best possible hands under this leadership provided by Ivana [EEVENA] Hughes; we could not be more fortunate having Ivana [EEVENA] as David’s successor, which I am glad to report is a view that David fully shared.

My own special friendship with David stretching over a period of more than four decades combined three dimensions that I have experienced with no other person on this or any other planet—first, an abiding love of poetry as a source of deep knowledge of truth, the good, and beautiful, as stretching our sense of reality beyond what is expressible in ordinary language, and also as poets taking on the most challenging of spiritual practices, secondly, our shared love of tennis as an exalting and satisfying, if at time frustrating blend of sport and fellowship, and thirdly, our shared sense of horror and fear with respect to all that was associated with past, present, and future of nuclear weaponry. This last gave rise in David to a resolve not to be a passive observer in this wrong turn taken by the human species but to embark on a lifelong commitment to do everything within his power to work toward the abolition of this infernal weaponry not primarily to avoid himself experiencing such a culminating human tragedy but more so for the sake of those he loved, of yet unborn future generations, and on behalf a benign destiny for humanity.

We also talked quite often of a fourth shared enthusiasm, which would involve nurturing our fondness for the game of chess. Perhaps, because it might have served as a way of testing our relative abilities we never got around to it, and in this sense it was undoubtedly my good fortune to advert humiliation as we, somewhat suspiciously, never did find an opportunity to match wits in this manner. Another aspect of this special friendship was the closeness of our two families, as more broadly shared with Imaging and Gerry Spence, reinforced by the closeness of my wife, Hilal, with Carolee and Mara, David’s ever so faithful and loving partner and his beloved, amazing daughter.

I know that others more qualified than I have read and will be reading some of David’s poems, but I wanted to frame my remarks by a poem that expresses with devastating concisenss the morbid hypocrisy of those standing guard over our arsenal of nuclear weapons and continuing to this day to do so with a smile of national self-righteousness:

A Short History Lesson: 1945

August 6th

Dropped atomic bomb

On civilians

At Hiroshima.

August 8th:

Agreed to hold War crime trials

For Nazis.

August 9th:

Dropped atomic bomb

On civilians

At Nagasaki.

I have had the odd personal experience of knowing both David as a cherished friend and Robert Oppenheimer as a somewhat irksome acquaintance. I found an unusual mixture of convergence and divergence in my experience of these two extraordinary individuals. Both of their lives were publicly defined by ‘the bomb,’ Oppenheimer by its development, use, and later as a victim of a witch hunting brought to the fore by his morally driven belated opposition to any development of this weaponry beyond its atomic bomb stage.  David became what he was by his horrified reaction to the use of the bomb, anti-nuclear activism reflecting his belief that only people could bring the pressures needed to make governments possessing advanced nuclear technology to give it up , and that his form of engaged citizenship in the Nuclear Age was to exercise civil society leadership in advocating abolition.

In contrast, Oppenheimer never wanted to relinquish altogether the fame he acquired by being widely known as ‘the father of the A-Bomb’ or for that matter his access to top-secret classified documents relating to national security. David had no ambivalence about his opposition to the use of atomic bombs against innocent civilian populations at a time in World War II when diplomacy could almost certainly have achieved the national goal of obtaining Japan’s surrender, while Oppenheimer took satisfaction in the success of his mission, including even the use of the weapon, although he later came to fear and oppose further development, specifically with H-Bomb technology that proved to have an explosive force that was 1000 times greater than the bombs used against Japanese cities. It is this posture which got him into unpleasant trouble with the militarist and foreign policy establishment whose eyes were firmly fixed after 1945 on geopolitical supremacy for the country based on military and economic dominance, and not peace and justice for the world. In a sense, Oppenheimer’s life is a metaphor for the red lines that make working within the structures of government for a more peaceful world dangerous and futile, while David’s life enjoyed the benefits of moral purity but was  tormented in anguishing ways by the frustrations of mere citizenship in a country that would not act in accord with its proclaimed values, including respect for international law and the United Nations. Both lives will be forever intimately connected with the realities of ‘the nuclear age’—by their shared opposition to the persistence of nuclearism and by their divergent paths of rejection from within and frustrations from without the established political order. I am sure Ivana will find creative ways of keeping alive this dual pedagogical legacy of both David and Oppenheimer as continuing exemplary figures in this ongoing struggle to avoid a future war fought with nuclear weapons.

Again to speak personally, it was my privilege to have learned from these two iconic figures, although far closer in mind, heart, and soul to one than the other. Let me end with a poem written by David in 2020. I have selected it because it so gracefully expressive of David’s rare comprehension among we Westerners of right living, right feeling, and right knowing:

Wisdom Is…
available to all, but rare
distilled from experience
advanced by dialogue
listening carefully
thinking deeply
doing what is right
selecting good over evil
speaking truth
acting with integrity
living simply
being kind and compassionate
demonstrating courage
learning from nature
Questioning
following the Way (Tao)
helping others
striving for peace with justice
being humble
choosing hope
persevering

Richard Falk, Santa Barbara, California, March 14, 2024

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

9 Mar

[Prefatory Note The post below is long. The article is devoted to several of my recent central concerns. It was initially published in Global Community:Yearbook of International Law and Jurisprudence, superbly edited by Giuliana Ziccardi (Oxford, 2023). Comments and conversation warmly invited. Adapted from annual Edward W Said Memorial Lecture entitled “The Enduring Legacies of Edward Said,” The American University in Cairo, Nov. 4, 2023]

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

Richard Falk

Abstract

An exploration of forms of interaction bearing on the assessment of advocacy jurisprudence. This entails underlying reflections on relations between

scholarly identity and public engagement as contextualized by Israel’s military response in Gaza. to the October 7 Hamas attack, featuring a comparison between partisanship in legal inquiry and in the interpretation of literature. It also involves a jurisprudential orientation that presupposes the inevitability of partisanship and favors an explicit acknowledgement rather than pretensions of objectivity, which implies my bias against legalism and its replacement by a disciplined insistence that political and moral contexts be brought into the open. The overall rationale for such an approach is to seek a better alignment between law as practice with justice as the embodiment of humane values exhibiting universal criteria. Although these considerations apply to any legal system, the preoccupation of the article is with conceptions and applications of international law.

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence*

Richard Falk**

Prelude

My career as a teacher and writer on international law has been devoted to realigning law with justice, which involved identifying and deconstructing Orientalist biases that reflected early European tendencies to use law to advance geopolitical interests while simultaneously promoting a llegitimating ideology of civilizational and racial superiority with countries associated with the Global West.[1] Of notable prominence in this regard, was the use of international law to accord legal respectability to European colonialism, including settler colonial offshoots in North America, Australia, and New Zealand. Jurists played their part by validating colonial relationships and obscuring the cruelties of colonialist behavior in many settings, including the acceptance of practices and policies now proscribed as ‘genocide’ but were treated neutrally as falling into the domain of conflictual politics, that is, beyond the limits of legal accountability so long as the perpetrators were white Christains and the victoms were persons of color. Only when the victims were ‘European’ as with the Armenians (1915) and later, the Jews, was the idea of criminalizing such behavioral patterns given a name and taken seriously as ‘the crime of crimes.’ Yet the racist/civilizational elements have not been fully eradicated as the political violence in Gaza illustrates where the Palestinian victims are dehumanized and the Israeli perpetrators are given legal cover by speciously inapplicable claims of self-defense.

In the course of seeking concretely to align law with justice I often found greater inspiration and kinship less with my law colleagues in the Global West, with some notable exceptions, and more  with what we now identify as dissenting public intellectuals in such cognate disciplines as cultural studies, history, humanities, and social science. In this personal professional trajectory I found Edward Said’s work and public life to be inspirationally congenial as well as motivated by similar humanistic goals that I loosely associate with justice, an admittedly subjective category that needs to be explicated in concrete circumstances.[2]

There are admittedly unsettling features of such a jurisprudential standpoint. The epistemology underlying such a viewpoint adopts certain juridical points of light while rejecting others and interprets them in context, such as the prohibitions imposed on genocide, apartheid, and ecocide, or the Charter llimitations on the use of force in international relations. In almost every concrete instance there is room for contradictory interpretations of what the law prescribes, suggesting that all assertions of unlawfulness or humanistic claims of justice involve advocacy, either for or against fand seek distance from the artificial clarity insisted upon in mainly prevailing legal traditions that strive for an ideals of objectivity.[3] Those that do government lawyering, perhaps motivated by ideology, ethical conceptions, or notions of stability and balance, are similarly selective in interpreting facts and law so as to ensure that international law conforms to their preferred foreign policy commitments. Law functions in such settings as a source of justification, and the articulation of intellectual support in scholarly or journalistic settings is also premised on advocacy jurisprudence, although typically disguised for the sake of persuasiveness. Such work is performed by what might be called ‘assenting public intellectuals’ who characteristically have access to the most influential media platforms as well are welcomed in the corridors of government. To reverse the slogan of dissenters, it is a matter of ‘power talking truth,’ which perceived by oppositional tendencies in civil society as legal cover for state propaganda.

It is my intention here is to discuss law and geopolitics in the inflamed atmosphere of the ongoing high intensity violence taking place in Gaza, alleged to be a response to the Hamas attack in a series of Israeli border communities on October 7, 2023. Edward Said’s life and work as a Palestinian public intellectual living in America seems highly relevant to gain insight into my underlying objective of achieving a better alignment of law and justice. Justice is here conceived in a first approximation as overcoming the hegemomic, hierarchical, and racializing nature of international law in its historical, cultural, and political roles as validating the civilization behavior and biased of the Global West/ A second approximation by reference to contemporary instruments of international human rights law, international humanitarian law, international criminal law, as well as the Nuremberg Principle and certain provisions of the UN Charter.[4] A third approximation occurs when a judicial tribunal issues a judgment that draws conclusions as to the law on the basis of considering the positions advocated by the contending parties. A fourth approxiximation occurs at levels of enforcement and accountability.  

Without the strong support of Proofessor Giuliana Ziccardi, as the exceptional veteran editor of the Yearbook I would not have had the courage to attempt to link what was originally a lecture on the life and legacy of a great public intellectual in conjunction with my efforts to align law with justice in international public discourse and even more so in the behavior of sovereign states. 

Edward Said’s relevance

It would be insensitive to any remembrance of Edward to frame my reflections on his legacy without also highlighting the uncertain, presently unknowable significance of the extreme gravity of the historic tragedy deeply afflicting the entire, previously long abused civilian population of Gaza explained and now justified by Israel as a response to the Hamas attack of Oct 7th. With each passing day of devastation and atrocity associated with Israel’s military attack, the Hamas provocation, terrible as in its own way it was, it seems increasingly detached from Israel’s extended response. Israel tries to keep the connection to the attack relevant to its disproportionate response by stressing the plight of an estimated 240 or more hostages being held by Hamas, itself a distinct war crime, and by media reports about the deep fissures in Israeli confidence that they were living in a secure atmosphere.[5] Yet as far as public disclosure so far reveals, Israel’s government fails to negotiate a prisoner exchange, and engages in an an unlimited attack that does not seem to offer much of value in exchMy attempt is to reflect on Edward’s amazing legacy while contextualizing these remarks in the current agonizing encounter that are darkening the storm clouds that have long haunted the future of the Palestinian people.

A Few Words on Edward’s Life

When thinking about what aspects of Edward’s varied, vivid personality and wide range of valuable writings I first felt overwhelmed. I took the easy way out by deciding to speak somewhat generally about Edward’s extraordinary legacy that makes his life, ideas, and perspectives more relevant 20 years after his death than when he was alive. Few scholars gain by their publications Edward’s influential intellectual afterlife.

It is difficult to talk about Edward without understanding what he meant to convey in his praise for a dissenting ‘public intellectual.’ Edward’s wished to affirm those for whom their signature trait was truth-telling and bearing witnessing to performative evil, especially embodying the public authority and the power of the modern sovereign state.

In a revealing interview with Tariq Ali not long before Edward’s death he acknowledged some related worries particularly by what he called ‘the commodification’ of public intellectuals in the US, personified by the then media stardom of Henry Kissinger and Zbigniew Brzezinski, two smart persons who clearly antagonized him by using their screen time to advance an imperial agenda on behalf of their preferred American foreign policy. More generally, Said felt that the think tanks in Washington were stealing the thunder of progressive thought and the high quality of debate that he hoped to engender in university settings and academic writing. It is my sense that that we as citizens are daily exposed to a post-truth public discourse currently deployed, and relied upon, by many world leaders that is far more regressive and alienating than the deteriorating role of public intellectuals that had so concerned Said while he was still alive. Part of what makes this discourse historically now so menacing is that it is rarely challenged by high tech media even in the constitutional democracies that continue to proclaim their political virtues of welcoming debate and tolerating dissent, now best constued as an Orwellian trope that obscures more than it reveals.

It is impossible to consider Edward’s legacy without venturing comments on the experience and contents of his breakthrough book, Orientalism.[6] It was this book that brought Edward fame but also several (mis)readings that bothered him deeply. Edward’s culturally grounded erudite approachto the relations of the West to the Arab world was always nuanced, pointing to the diversities and cultural failings on both sides of the civilizational divide. This made reductive interpretations of such dualisms as speaking of ‘the Orient’ or generalizing about ‘the Orientalist’ deeply misleading. Of course, Edward may have contributed to the confusion by his hostility to Bernard Lewis and his Arabist acolytes’ presentations of the Islamic world. He found such cultural stereotypes well-suited to adoption by imperialists in the post-colonial West as a policy tool, but more because of their policy agenda than their embrace of negative stereotypes about the Arab world and its behavior. There were other scholarly voices in the West whose academic assessments Said found desrving of attention, and often congenial even if containing criticisms of various aspects of Arab behvior. In other words, not all who studied and wrote about the Arab world were guilty of the sins of Orientalism.

Said was most convincing when arguing that the literary works in colonial Europe gave a moral underpinning to colonizing mentalities. These works brilliantly analyzed by Said did, perhaps unwittingly, serve indirectly the dark designs of imperial activists, and still do. It was a major contribution of Orientalism to make many aware of the Orientalizing tendencies of those seeking to exploit the resources and manipulate the strategic outlook of Islamic World elites in the Middle East.

It is such an implicit framing of the Zionist movement of forced displacement and subjugation of the native resident population of Palestine that underpinned Said’s profound critique of Israel’s 1948 celebratory self-righteous narrative. This narrative for Palestinians will be forever memorialized as the nakba, of catastrophe and exclusion that was not only something that happened in 1948 but describes a process that has continued ever since, and is now is in the midst of one of its most traumatizing iterations. It is this Israeli sense of imperial destiny that is currently continuing the gruesome work of justifying forced displacement and dispossession of the Palestinian people living in northern Gaza, an undertaking done with distressing ferocity. The rationalizations emanating from Tel Aviv are situational, but the impact on Palestinian normalcy are similar, reawakening the nightmare of 1948. Yet in Orientalist centers of power of the West what shocks and angers most of the non-Western world as genocide is claimed to be permissible because characterized as a response to ‘terrorism.’[7] By the use of this word alone Israel frees itself from any need to claim it was acting within the law. Supposedly, the T-label confers on Israel a legal entitlement to forego any pretense that its response to the October 7 attack is proportional and properly restricted to military targets. Israel’s hasbara fictionalizes and distorts the realities of what is happening that either disseminates falsehoods or deflects attention from unpleasant truths.

In contrast, the Palestinians, and the Arab street and peoples of the Global Souh spread throughout the world, including many less educated people than the pro-Israeli policymakers in the West are not fooled. They are moved to take spontaneous action by fiery images of huge bombs dropped on crowded refugee camps and on hospitals filled to capacity with wounded or dead infants, children, and severely injured adults. The peoples of the world, including many in the Global West, are smart enough to believe what they see and put aside the propaganda that they hear, becoming enraged by the steady flow of lame excuses for atrocities put forward by apologists and genocidal ideologues in Israel and their powerful allies in the Global West.

As with Orientalism it would be perverse to address Edward’s legacy without revisiting his approach to Israel/Palestine struggle. The special resonance at this time is certainly worse than what Edward’s darkest imaginings anticipated when contemplating what was the future of Palestine and its people twenty years ago.

While Edward was alive, the unresolved conflict involving Palestine increasingly defined his identity as a public intellectual. As well, the sufferings of the Palestinian people caused him great personal anguish. Edward came to possess one of the few keys that if properly turned decades ago might have avoided much of the ensuing misery for both peoples, allowing Jews and Arabs, despite their historic missteps to learn to live together peacefully and justly, rather than engage in what has become a macabre death dance. Edward’s humanistic vision of what should and could have been now seems as remote as the most distant star in the galaxy.

The horrifying events of recent weeks in Gaza account for this less comprehensive treatment of Edward’s legacy, but is not meant to detract from the pertinence of Said’s legacy to the Palestinian fate. These days it would be escapism, indeed denialism, to downplay the preoccupying bloody atrocities occurring in Gaza. In my view, it is not only Palestinians that are the victims. By its recourse to overt genocidal behavior Israel and Zionism have also irreparably tarnished their reputation, and that of Jews generally, overshadowing the prior historic horrifying experiences of victimization endured by the Jewish people and modernizing successes of Israel. Critical observers long have understood that Israel’s gains were achieved at a great human cost. Israel is now putting itself at risk of being perceived the world over as the most disreputable pariah state of our time.

The catastrophic events daily unfolding in Gaza also encourage a departure from standard academic ways of remembering a cherished scholarly friend from a safe aesthetic distance. Previously I might have mentioned a few anecdotes that displayed Edward’s joie de vivre and essentially comic sense of life. He was great fun to be with despite frequently teasing friends and colleagues in challenging ways, especially expecting friends to do better, whether it was on a tennis court or by an engagement with the Palestinian struggle.

It was my good fortune that our lives touched one another at several levels. Such contacts were apart from the convergence of our shared political commitment to a just and sustainable peace between Israel and Palestine, and elsewhere. To begin with, we both had close ties to Princeton University (Edward thrilled my graduate seminar by taking over the class each year for one session, which had its downside as I had to teach those same students the following week). Edward’s political mentors, Eqbal Ahmad and Ibrahim Abu-Lughod were separately my close friends and the four of us formed a kind of braintrust on Palestine/Israel that met periodically in Edward’s Columbia office. Beyond this, we both over-indulged racquet sports pretending that their value in our lives was partly free psychotherapy. In addition, our children became friends. My first secret adolescent crush was inspired by the daughter of my father’s closest friend who mfany years later she married Edward’s PhD advisor at Harvard with whom he became a lifelong friend, with droll side effect of reconnecting me with this lapsed romantic phantasy of my youth.

Of course, there were also fundamental differences in our lives and identities, which seem relevant to the nature of Edward’s particular worldview and ways of ‘being-in-the-world’:

–Edward’s birth in Palestine, childhood in Egypt, and adulthood in America gave him that ‘out of place’ sense of exile that his early memoir made famous, an image which puzzled others who regarded him as a role model of super-success in academic America. Yet as his enticing autobiography makes plain his sense of not fully belonging anywhere, while emotionally confusing for him at times, allowed him to feel somewhat at home everywhere. This hybridity was integral to his envisioning of reality as combining an intense national outlook associated with his ethnicity to a high culture brand of humanist cosmopolitanism.

In contrast, I was spatially exclusively rooted in the American experience from birth, but as I grew to maturity, so much so as to tempt me to say that I was ‘out of place, in place.’ Gradually I became more marginalized almost to a point that could be labeled a form of voluntary ‘inner exile.’ This strange identity became even stranger when combined with a later sense of being a partial expatriate (mainly thanks to my Turkish wife and the time we annually spend together in Turkey);

–To summarize, Edward and I, in our different ways, despite our different life trajectories, were both inside/outsiders, never rejected by our surroundings but neither were we fully accepted or accepting; although ironically Edward increasingly nurtured and clarified his sense of belonging almost exclusively to the torments and dreams of the Palestinian nation, while I continuously diluted my taken-for-granted childhood sense of belonging to the American nation (and even more so to the American nation-state);

–undoubtedly the biggest difference between us was that Edward wrote Orientalism, with its worldwide persisting influence and impact, while I wrote books on international law that few read unless they were forced to do so by the few idiosyncratic progressive law teachers, always an endangered species in corridors of legal studies, at least in white settler colonial societies.

 Israel’s War Against the People of Gaza  

Despite the extreme grimness of the topic, as indicated, there is no responsible way to evade further commenting upon the horrifying Israeli response to the Hamas attack of October 7 as it relates to Edward’s legacy. This response dangerously reinforced by crucial diplomatic cheerleading and funding support by the United States, climaxing so far in the provocative movement of two aircraft carrier groups into the Eastern Mediterranean. Leading EU members along with the UK went out of their way to lend Israel a helping hand. In view of the ongoing genocidal saga in Gaza this is such a deeply disturbing and dangerous set of developments as to shape the present political consciousness of almost everyone. It has become as the bombs continue to fall in Gaza, especially in Middle Eastern venues, to consider anything other than this unfolding multi-dimensional crisis transparently and vividly portrayed day and night on TV, making the events in Gaaz the most globally transparent instance of genocide in all of human history.

I believe this change of emphasis from what I had originally intended is faithful to the personality, character, and commitment of Edward Said. He possessed remarkable gifts of merging analytical mastery with a passionate ethical/political immersion in the historical present. Confronting what is happening in Gaza, and how it illuminates what is wrong with Israel and the Global West would have certainly aroused in Edward the most intense response of outrage, not only directed at the genocidal policies animating Israel’s leaders cruelly carried out a series of massacres against a totally vulnerable and captive civilian population of Gaza. This ordeal is epitomized by the death, maiming, and traumatizing of every child of Gaza, an outcome of the documented bombing of hospitals, medical convoys, refugee camps, schools, UN buildings. This extreme devastation is further aggravated by the official blood curdling Israeli decree issued by Israel’s Minister of Defense a month ago that totally cut off all deliveries of food, electricity, and fuel to the already impoverished Gazan population, a community already heavily burdened by the world’s highest unemployment and poverty rates, a consequence of 16 years of an economy-crippling blockade. If this were not enough, the Israel attack was waged in a manner that accentuated these terrifying conditions, most unacceptably by the impossible forced evacuation ordering 1.1 million Palestinians in the northern half of Gaza Strip to abandon their homes and livelihoods to go South with no place to go, no safe way to get there, and once there with no place to live and no prospect of a job. This was a fiendish mandatory directive that could neither be followed nor ignored, a nightmare in real life beyond even Kafka’s darkest imagining.

I am quite sure that if Edward was addressing an audience anywhere in the world he would also vent his rage at the complicity of the US government and the refusal of the corporate media to fulfill its commitment to approach world news as if truth and reality were truly its mission. What we find in much of the top tier media in the West is a style of news coverage that is generally faithful to the biases of government policy that has been energetically promoting the dissemination of a pro-Israeli narrative throughout the ‘war’ on Gaza. These views are backed by belligerent government spokespersons and think tanks in Washington that continue even now to present the crime of ‘genocide’ as if it is an instance of justifiable ‘self-defense.’ Instead of giving some attention to responsible critics of Israel’s behavior, even realist mainstreamers like John Mearsheimer, Stephen Walt, and Anatol Lieven, the most respected TV news channels, such as CNN, repeatedly invite as their guests IDF spokesmen or leaders, and an endless stream of generals and Washington foreign policy experts in the West who tend to dwell on the tactical obstacles facing Israel’s unquestioned alleged mission of destroying Hamas as an organization and killing as many of its leaders as it can find. The commentary rarely complicates the portrayal of Hamas as ‘terrorists’ although it often meaninglessly and disingenuously cautions a defiant Israel to conduct its future operations within the limits set by international law and with due regard to the protection of civilians. This is a ridiculous bit of guidance given the complete failure to criticize Israel’s ongoing reliance day after day on Israel’s lawless tactics and decrees from its leaders that lend unquestioning support to the toxic action of its military forces, seem intent on inflicting devastating damage on the person and property of Gazan civilians with no established link to Hamas, and utterly contemptuous of critical voices.

If we are to gain a measure of objectivity it is necessary to deconstruct the main items of state propaganda that has muddied the waters of understanding Gaza violence throughout the Global West, while as noted not fooling the street protests throughout most of the rest of the world. Five points stand out in this regard:

     –first of all, the reductive presentation of Hamas as a terrorist organization when in fact it is the elected government of an Occupied Territory subject to the 4th Geneva Convention which outlines the obligations of the Occupying Power, with a special emphasis on the duty to protect the civilian population.

     –secondly, the manipulative identification of Hamas as nothing other than October 7 attack, which if it is as it seems to be, is certainly an undertaking, however provoked, fraught with extreme criminality and patent cruelly. The Hamas attack even if as barbaric in its execution as being portrayed, and on the basis of past reportage there is reason to be suspicious of Israeli battlefield justifications, overlooks other facts that more adequately delineate the true identity of Hamas. Hamas after being elected and taking control of the Gaza Strip from a corrupt and passive Fatah leadership associated with the Palestinian Authority has been administering Gaza since 2007 despite it being controlled by Israel as the world’s largest open air prison, its inmates further victimized by a punitive blockade years ago described by Israeli official advisors as explicitly implemented to keep all Gazans on a subsistence diet. Whatever else, Hamas is an elected political actor that since 2006 has been representing the people of Gaza, and as such is entitled to exercise rights of resistance although subject to limits set by international law.[8] Hamas earned legitimacy and Pa;estinian respect as a continuing and leading source of active resistance, something that has at least since Arafat’s death in 2004 eluded the international representation of the Palestinian people by the Palestinian Authority despite its well-known collaborative security relationship with Israel, especially resented in the West Bank in recent years.

It should be appreciated that the commission of a war crime, however heinous does not reduce a political actor to such an isolated act that make its reality reducible to an embodiment of terrorism. If this logic prevailed Israel would have been a terrorist movement from the early days of the Nakba in 1948, and many times over before and since.[9] Extreme crimes of a non-state and state actors were perpetrated by the Zionist movement before 1948, and by Israel subsequently. These documented crimes included ‘collective punishment’ (Article 33, Geneva IV) and ‘apartheid.’[10]

In the midst of the Israeli retaliatory fury the UN Secretary-General, Antonio Guterres, tried his best to overcome the good versus evil dualism of Israeli hasbara, as propagated in the West, by telling the assembled governments at the UN that the Hamas Attack, which he joined in strongly condemning, did not occur in a vacuum, which indirectly references Israeli crimes of oppression and Palestinian rights of resistance. For daring to speak truth to power Guterres was pilloried by Israel for suggesting, however mildly and indirectly, that Israel had severely provoked the people and Hamas leadership of Gaza for so long and cruelly that violent acts of resistance were the almost inevitable response, and as such called for self-scrutiny rather than a self-blinding orgy of vengeance. Once more Israel greeted criticism with an angry exaggerated response, demanding the resignation of Guterres and calling this self-evident truth a blood libel against the Jewish people. In this feverish pushback, it fortunately failed in its declared objective, and yet it achieved its most serious intended result of repudiating truth-telling and debate and shifting attention from the message to the messenger. What is remembered is not reminding governments of the context of the Hamas attack, but rather whether the call for the resignation of the Secretary-General was justified or not.

     –thirdly, even those seeking a post-Hamas role for the PLO and PA in Gaza with the status of being the sole continuing international representative of the Palestinian people, acknowledge an unspecified need for what is described as the ‘reconstituting’ of the PA. In coded language relying upon the abused word ‘moderate,’ it seems widely understood by Israel’s supporters as implying zero tolerance for the assertion of internationally certified legal rights of armed resistance and a low-profile advocacy of legal rights of Palestinians including the muting of objections to West Bank settlements and their further expansion. Such restrictions on Palestinian reactions to unlawful Israeli settlement expansion, land grabbing in the West Bank, and settler crimes against the occupied native population being carried out in an atmosphere of impunity and further often facilitated by the greenlighting of Israeli security forces to refrain from offering protection to Palestinians in the face of violent harrassment. Security restrictions imposed on West Bank political activity disappear when it is the Jewish settlers rather than the Palestinian residents that embark on a violent rampage that kills and wounds even those Palestinians who have sullenly adapted to their fate as a permanently oppressed people living according to the whims of an apartheid regime. It is instructive to compare Israel’s middle of the night terrorizing arrests carried out against stone-throwing children or their predatory attacks on Palestinian rituals associated with the harvesting of olives with the forbearance exhibited toward the lethal violence of the Jewish settlers;

     –fourthly, this settler phenomena, itself a direct, defiant, continuous, and massive violation of Article 49(6) of Geneva IV, is the current combat front line of Zionist militants who have long sought sovereign control over the West Bank, and its encouragement is directly subversive of any prospect of a two-strate solution, which despite this, remains the international mantra of advocates of a peaceful solution. One is led to wonder whether this advocacy is a cynical recogniztion of the futility of exerting real pressure on Israel or an example of evasive and naïve wishful thinking. In this sense, as with a skilled magician, some Israeli leaders seem content to have public attention preoccupied with Gaza rather than paying critical attention to the real endgame of Zionist maximalism, which centers on achieving Israeli sovereign control over the West Bank, the only part of ‘the promised land’ yet to be reabsorbed into the Jewish supremist, apartheid state of Israel. While we rightly weep over the acute suffering of the Gazans, we should also be taking a hard look at the simultaneous tolerance, more accurately interpreted as encouragement, by Israel’s leaders of escalating settler lethal violence and ethnic cleansing politics in the West Bank.

As with Gaza, the Israeli settlers are not shy about revealing their goals by way of menacing threats directed at the Palestinians. It went almost unnoticed in the Western media that after a recent violent settler demonstration in the West Bank, leaflets were affixed to Palestinian cars in the neighborhood with a simple chilling message ‘leave or we will kill you;’

     –fifthly, it needs to be stressed that the present unity government in Israel is put before the world as a temporary ‘war’ response to Oct. 7.  It was intended to underscore the war narrative, and the need to overcame earlier sharp divisions among Jews about the nature of the Israeli Jewish state. It seems true that the current unity government reflects a broad ethnic consensus among Israeli Jews that ‘vengeance’ without restraint was justified in response to the Hamas attack, and indeed alleged necessary if Israel was to avoid future attacks. More tangibly this meant for those so believing, finding an alternative to Hamas to administer Gaza in ways that curbed Palestinian militancy, whether from Hamas or other Palestinian groups of which Islamic Jihad is best known but not the only one. Liberal Zionists tend to argue that such a policing approach has almost no chance of succeeding on its own in restoring Israeli security unless tied to a peace proposal. To have any chance it needs to be combined with giving the Palestinian people a collective belief that a fair peace can be peacefully achieved within the framework of a two-state solution. Such an envisioned future presumes that Israel is finally prepared ‘to walk the walk’ of a two-state solution comprising at the very least inclusion of the West Bank and East Jerusalem as the capital of the new Palestinian state, as well of course as Gaza. As of now, such a future is the stuff of dreams, and lacks a grounding in the realities of either Israel or the US to be a viable political project.

I find this moderate option to be a totally dubious day after tomorrow scenario—most of all because the Netanyahu-led government emphatically doesn’t want it, and never has; it has almost been erased in our collective memory that the Netanyahu coalition that took control at the beginning of 2023 was generally described even in Washington as the most extremist government when it came to the Palestinians during the entire history of Israel. If Tel Aviv has its way, and now may have more latitude than in the past to establish ‘Greater Israel’ under the smokescreen of Gaza and geopolitical worries about a wider war further damaging the world economy and destructive of fragile regional stability. I firmly believe that this total rejection of Palestinian territorial grievances and rights under international law is at the core of Israel’s real Peace Plan.[11]

Even in the highly unlikely event that Netanyahu is forced to resign for his responsibility in the Oct 7 intelligence/security failure, and the Netanyahu extremist coalition government collapses, this kind of future for Israel/Palestine seems a non-starter. Over half a million settlers in the West Bank will fight Tel Aviv rather than having their expansionist ambitions thwarted by implementing any kind of agreement that requires a durable and humane accommodation with the Palestinians. At minimum a sustainable peace presupposes a Palestinian governing authority that has credibility with most Palestinians and a freeze on further settlement construction or more radically, arrangements for a coerced settler withdrawal to within Israel’s pre-1967 Israel borders. It would also necessitate an Israeli willingness to dismantle apartheid within its own state and implement rights of return for long languishing Palestinian refugees in neighboring countries. Even mentioning the magnitude of these adjustments suggests that liberal Zionists living around the world in secure diaspora conditions have little insight into Israel’s resolve to complete the Zionist Project on its terms, and to accept a variety of political costs associated with such an ambition.

As of now the most probable morning after tomorrow setting is likely to produce Israeli victory claims in Gaza, Hamas nominally replaced by a secular grouping of moderate secular Gazans Israel thinks it can rely upon, and a continuing Israeli effort to secure sovereign control in the West Bank, which implies further measure of ethnic cleansing and is virtually certain to produce a new cycle of Palestinian resistance. The Palestinian response if faced with such prospects will undoubtedly shape new modes and styles of resistance reinforced by a greatly increased global solidarity movements at the grassroots level of people, with the UN essentially silent, and even Western governments wary of continuing unconditional support of Israel. If resistance is sustained in effective initiatives, and complemented by greatly increased support from the region and world, it might signal moves among Israeli elites of the type that produced the South African transformative response to the growing pressure from internal resistance and external solidarity initiatives to dismantle apartheid and constitute a new government based on inclusive human rights, including a long deferred Palestinian right of self-determination.

The outcomes in Gaza and West Bank, although weakening Israel’s standing regionally and globally may have the perverse effect of stiffening the Israeli willingness to risk everything by mounting a final campaign to erase the Palestinian challenge, and not primarily in Gaza, once and for all, even if this means a consummated genocide. It will be up to the mobilized peoples of the region, of the Islamic state, and of the Global West to rise up sufficiently to prevent the fulfillment of such a scenario. At present, there is no sign of this happening, but if the present onslaught in Gaza continues much longer and is accompanied by rising violence in the West Bank such an outcome cannot be ruled out.

Geopolitical Ramifications of Israel’s Campaign in Gaza

A first line of reflection in reaction to this series of alarming developments, is to step back from the immediacy of Gaza, and to suggest the relevance of the global context within which these events have occurred. Before Oct 7 and after the Feb 24, 2022 Russian attack on Ukraine some thoughtful persons began to be conscious that a contested geopolical transition was underway that could affect drastically the world order that emerged after the fall of the Berlin Wall and the implosion of the Soviet Union. The outcome of such a transition could be something that either mitigated or aggravated the dangers of major warfare that were evident before Oct 7.

In the immediate aftermath of the end of the Cold War, there was a burst of enthusiasm in the West, not only for victory over the Soviet Union and what it stood for, but for a more peaceful and prosperous world order. Hopes were invested in a new kind of economistic global setting in which market forces associated with trade and investment would create a benevolent future for the whole world, geopolitical rivalries and militarism would recede, with peace and security anchored in the diplomatic and defensive military capabilities of the United States, given credibility by the war-prone foundation of ‘full-spectrum dominance.’ This sequel to the Cold War, often labeled ‘neoliberal globalization’ was preoccupied with the financialization of the world economy, with government responsibility for the wellbeing of people diminished, while a growing need to meet an ominous ecological challenge caused by the modern carbon-based economy and known to the public by the soothing words ‘climate change,’ a situation best handled by multilateralism, that is, cooperative problem-solving on a global scale.[12]

The real breakdown of this Global West vision came by way of a series of profound order-challenging developments: the spectacular rise of China between 1980 and 2020, the Russian return to the geopolitical stage, and the unresolved conflict between the Islamic world and the West playing out in the Middle East, with oil and Israel being the core issues. In these respects, the Ukraine War and the Gaza War are parallel pivotal developments in these confrontations between the forces of order and those of change that few persons remain reluctant to talk about. Those that champion a  post-colonial reenactment of Western world hegemony as the best attainable framework for peace and security that humanity tend to be advocates of victory over Russian designs in Ukraine,  restraint of China in relation to the future of Taiwan, and wish for Israeli success in overcoming Palestinian resistance the completion of the Zionist Project by way of the formal establishment of Greater Israel.

In effect, this is an argument in favor of a transition to a revival of a world order dominated by the interests, political rhetoric, and economic priorities of the Global West as presided over by a US-led coaltion. The was the case in the aftermath of the other two global transformations of the past century: the end of World War II and the fall of the Berlin Wall, each of which coincided with defeats of fascism and communism, rival ideologies with their own conflictual world order agendas.

If considered from this wider perspective, the current Gaza/West Bank ordeal should be viewed as a conflict that is not just about Israel and Palestine. It is a conflict about the stability and structure of the region upon which many countries in the Global West continue to depend in meeting their energy needs. It also showcases Western fears and hostilities toward Islamic pressures whether from migration or anti-Western radical forms of nationalism.

This may help explain why, beyond the influence of Zionism, the U.S. has so blindly and unconditionally thrown its support to Israel despite its aggressive and discrediting behavior that undermines trust in the quality of US world order leadership. Israel has managed so far to retain the visible assurance of Western support no matter what it does to the Palestinian people and however arrogantly it flouts international law and the UN Charter. This reflects its strength as a strategic asset of the West and also its extraordinary influence on the domestic political life of the US and UK.

Looked at from the opposite angle, Hamas struck on Oct 7 not only to remind Tel Aviv and the world that the Palestinians were not going to stand by quietly as their presence was being publicly erased. Erasure is what Netanyahu seemed to boast about when he flashed before the UNGA in September 2023 a map of ‘the new Middle East’ with Palestine erased as a territorial presence in the region. This ethnic erasure was given further concreteness at the muddying of the waters at the G20 in September 9-10, 2023 meeting in Delhi that projected a Middle East corridor from India to the Arab World. Such an undertaking was widely interpeted to assume normalization of relations with Israel and the removal of Palestinian grievances from any relevance to this new policy agenda of the region.

The Middle East role in this transition from the post-Cold War reality has been openly ideologized as a new and latest phase of the West’s historic struggle against a reconstituted ‘axis of evil’ which the French leader, Emmanuel Macron, advocated within the framework of anti-terrorism. He put forward this controversial interpretation of world political trends while on a solidarity October visit to Israel during the attack on Gaza, in effect an anti-Islamic coalition of the willing was so overtly proposed in mid-October. He sought to downplay his openly civilizational initiative as an ‘anti-Hamas coalition,’ claiming resemblances to the anti-Daesh (or ISIS) coalition that emerged as a reaction to the US/UK invasion and occupation of Iraq in 2003, which included the dismantling of Iraqi armed forces. Macron seemed to magnify the already terrible drama of good and evil playing out in Gaza by referencing the connections with Hezbollah and Houthis, but also Syria, and above all Iran. Perhaps, also, it was Macron’s way of ingratiating himself to his Israeli hosts by deflecting attention away from the terrible happenings in Gaza to a wider conflict in which Israel was managing the conflict zone on behalf of the West.

This recourse to a systemic explanation of the Hamas attack recalls the once fashionable ideas of Samuel Huntington who in 1993 alerted the world to an anticipated post-Cold War reconfiguration of world politics as ‘a clash of civilizations.’ Huntington expressed his doubts that peace would follow the end of the Cold War, believing rather in the emergence of a new cast of adversaries hostile to the Global West.[13] Such a civilizational encounter would reconfigure militarized conflict rather than promoting peace, justice, development, and ecological prudence to form the basis of post-1989 world order. If we step back from the transparent immediacy of horror generated by Israel’s targeting of hospitals, refugee camps, and UNRRA buildings in Gaza, and interpret the wider reaches of this violent drama our picture of what is strategically at stake is considerably enlarged. Taking account of the relevance of Hezbollah, Houthi, Syrian, and above all Iranian solidarity with Gaza, as reinforced by the persisting large protest rallies in the city streets in Islamic countries, and indeed throughout the Global South, Huntington’s expectations of 30 years ago seem to be a prophetic prelude to Macron’s initiative as well as to the 9/11 attacks. Huntington’s words resonate anew as they formerly did when articulated just after the Cold War “[n]ation-states remain the most powerful actors in world affairs, but the principal conflicts will occur between nationals and groups of different civilizations…The clash of civilizations will dominate global politics. The fault lines of civilizations will be the battle lines of the future.”[14]

Others have elsewhere observed that the conflict between Western civilization and  Islam has a lineage that goes back 1300 years. Huntington’s ideological ally at the time was none other than Bernard Lewis who introduced an Orientalist twist by demeaning the whole of Islam as “a culture of rage” portraying those of Islamic faith, in Edward Said’s words, as nothing other than “a neurotic sexualized being.”

In a further twist, the Hamas leadership rationalized its attack on Oct 7 as a necessary way of conveying to Israel that the Palestinians were not going to consent to erasure. Further, in an inversion of the Western images of the Arab as responding only to force [see Raphael Patel, The Arab Mind (1973, updated 2007], Hamas argues with apparent plausibility that Israel only responds to force, and that Palestinian were led to mount an attack to awaken Israelis to the resolve of the Palestinians to resist erasure.

These contrary images of this clash of civilizational mentalities serves as an illuminating, if unconscious, backdrop for Israel’s Minister of Defense, Yoav Gallant, disgusting language describing the battle against Gazans in words that will be long remembered in the annals of genocidal rhetoric: “We are fighting against human animals, and we will act accordingly.” To so overtly dehumanize Palestinians, as well as  its demeaning negation of animals, could make the often insurmountable challenge of establishing genocidal intent easy for prosecutors to meet. Of course, the quoted phrase is further incriminating as its role seemed a public explanation of why food, electricity, and fuel would be totally cut off from any form of transmission to Gaza. All in all Gallant’s notorious decree is fully consonant with Israel’s practices during this past month of violence. It also gains relevance by the failure of Netanyahu or other Israeli officials to modify or in any way soften Gallant’s self-incriminating language. What Galant said is consistent with other statements by Israeli leaders including Netanyahu and by IDF tactics and public rationales confirming such attitudes toward the whole of the Palestinian people.

There is little doubt that the outcome of these two ongoing ‘wars’ will deeply influence the prospects for the stability and acceptance of Western worldwide post-colonial and post-Cold War economic, political, and cultural patterns of hegemony. The hawkish interpretation insightfully, if indirectly, regards the active and undisguised complicity of the Western governments in relation to Gaza as a matter of grand strategy rather than as a testimonial to Zionist influence. This is important to understand, although in light of the rising chorus of moral/legal objections to Israel’s behavior in Gaza, it is rarely publicly acknowledged.

What is new with respect to Samuel Huntington sense of ‘the West against the rest’ was his failure to take note of the Islamic challenge being spearheaded by non-state actors adopting the pre-modern means of combat at their disposal and largely focused on resisting further Western penetration rather than through violence overseas as was the onetime tactic of Al-Qaeda. What 9/11 and later Islamic jihadism added was a religious rationale to resistance and conflict with the West whose identity took largely non-state forms. In effect, the  geopolitically phrased assessments of Huntington acquired a moral fervor.

Instead of waging a geopolitical war to determine global power alignments, the war against Hamas can be, as Macron intimated, also internalized giving a fresh stimulus to European Islamophobia and anti-migrant politics. Even during the Cold War the Russians were never demonized as a people or was their civilization demeaned, partly because they were after all white Christians not ‘human animals.’

A politics of demonization, although used in an inflammatory way by Biden in relation to Ukraine, was confined to the person of Vladimir Putin. The main argument consisted of self-serving legalistic rationalizations for defending Ukraine, while excluding from consideration such contextual issues as prior internal violence against the Russian-oriented minority in the Donbas oblasts along with Kyiv’s repudiation of the Minsk 2014-15 agreements, and NATO’s increased engagement with the country’s security policies after the Maidan Coup in 2015.

There are revealing similarities in the Global West responses to these two violent conflicts that are bound to have transformative influences on the future of peace and security in the world. Those who favor a strong material and diplomatic commitment to Ukraine, as with those showing unconditional support of Israel, become hysterical if provocations of Russian aggression or the pre-history of the Hamas attack are taken seriously into account. This is because a fair appraisal of these two contexts subverts the high ground of moral purity and political justification implicit in the militarist modes of response, as well as rendering ambiguous the presume clarity of the claimed legal right of self-defense in the two instances.

The supposedly humanistic President of Israel,  Isaac Herzog, adopted the good versus evil framework of Netanyahu that refuses to make the slightest concession to the realities witnessed by the peoples of world. Herzog’s entire effort was to draw the sharpest possible distinction between Israel as the agent of a humane future for all and the Palestinians as the exemplification of the worldview of their barbaric adversary. His words featured as a guest opinion piece in the NY Time are an example of the one-eyed crusading civilizing vision that a broad spectrum of Israelis endorse:

Against our will, we in Israel find ourselves at a tipping point for the Middle East and for the world and at the center of what is nothing less than an existential struggle. This is not a battle between Jews and Muslims. And it is not just between Israel and Hamas. It is between those who adhere to norms of humanity and those practicing a barbarism that has no place in the modern world.[15]

It would seem, at this point, that what is being endorsed in the West, is a second coming of the ‘clash of civilizations’ worldview as further embellished by invoking the dualism of good and evil. It is blended with a last-ditch effort to sustain the unipolar geopolitical alignment that emerged after the Cold War amid a world beset by ecological instabilities as never before. Biden made a lame effort to ideologize the latter stages of the post-Cold War atmosphere by describing the current era as an epic global struggle between ‘democracies’ and ‘autocracies,’ but it was largely ignored as the claim was beset by obvious empirical contradictions of inclusion and exclusion.

The outcome in Gaza for Israel also has major implications for the region and world, including possibly inducing a normalizing diplomacy with Iran, and greater respect for the norms of non-intervention in internal societies, especially Muslim majority countries in closer conformity to Article 2(7) of the UN Charter. All things considered, the world will be safer and more secure if the politics of self-determination are managed nationally rather than by a US-led NATO directorate. As well, a positive reappraisal of conflict-avoiding invisible geopolitical fault lines such as were the pragmatic contribution of World War II diplomats at Yalta and Potsdam, and their renewal in the present altered circumstances of seeking conflict management.

Some Alternative Futures for Israel/Palestine

Against this geopolitical background, it seems now appropriate to make conjectures about what sort of future will emerge the violence in Gaza and how it might shape the destiny of Palestinians and Israelis, including the roles will be played by regional and global forces.

As the bombs continue to fall and rockets fill the air in Gaza, some reaching Israel, various ideas are being advanced by outsiders about probable and desirable futures. Three future patterns emerge at this from the rubble and the rising death toll:

–the pessimist’s future: Israel despite alienating people throughout the world retains sufficient hard power leverage to win the peace, establishing a Greater Israel that incorporates the West Bank, reconstitutes the governance of Gaza under a Palestinian Authority leadership to serve as the sole representative of the Palestinian people, possibly even looking to recognize a Gaza micro-state as ‘Palestine.’ I think that this outcome would not satisfy internal or international demands for an acceptable Palestinian solution, and would not end or even mitigate the apartheid nature of present Israeli governance or inhibit resistance activities on the Palestinian side;

–utopian envisioning: holding Israel responsible for the criminality of its Gaza campaign, requiring accountability of the main perpetrators for their crimes and imposing reparations for damage done to Palestinians homes and property; acknowledgement by the Israeli President and Prime Minister of the historic wrongs done to the Palestinian people by the Nakba and subsequent abuses, a point stressed by Edward Said and others with the accompanying sentiment ‘There will never be peace until there is such an acknowledgement is made.” Democratic secularism in a unified or co-existing states based on no ethnic nor religious criteria, featuring democratic elections, and human rights. A right of return of all Palestinian refugees and their descendants. Zionism would revert to the Balfour ethnic pledge of a Jewish ‘homeland’ but no state. The fact that something analogous along these lines happened in South Africa suggests that it could happen in Israel/Palestine, but it seems far beyond the reach of practical politics at present, although the Israeli NGO, International Committee Against Housing Demolition (ICAHD) has circulated a roughly comparable proposal in early November 2023;

–stalemate renewed: a return to the status quo preceding the Hamas attacks, with modifications, but apartheid, border control and blockade roughly as before, resistance continues, global solidarity intensifies in ways that gradually shift the balance of forces in a Palestinian.

None of the Oslo hype clouds the present search for final outcomes of the Palestinian struggle to attain its long denied basic rights as a people and nation. Yet for the foreseeable future the outlook for peace remains dark, including in, maybe especially in Israel.

Concluding Remarks

I would like to believe that Edward would have agreed with most of what I have said, although among his many virtues, was that of intellectual independence, which on occasion could be experienced as a certain cantankerousness. It is entirely possible that after Edward listened to these remarks would approach me after these remarks with a scowl and his half ironic, half serious putdown:  ‘Richard, you can’t be serious.’

Despite my intention to be engaged, my words may still have come across as too academic. Yet I must reaffirm that the events of the last month have resulted in the most tormenting emotions that I have ever experienced in reaction to public events. I confess that to some, my rather academic style may seem designed to hide partisanship. To counter such an impression I will conclude by removing any doubt as to where I stand.

I firmly believe that this is a time for persons of conscience to take action as well as to pierce the propaganda manipulating feelings, perceptions, and allegiances

It is past time to confront the double standards and moral hypocrisy of the Global West’

It is also a time to mourn and grieve the terrible human costs endured by the people of Gaza, but also a time to show solidarity with those seeking peace and justice at great risk

And finally, this is a time to repudiate the horrors of warfare and political violence, the disgrace of genocide, and better arrange our lives and organize our collective endeavors on the power of love, courage, struggle, justice, and hope.

Concluding Remarks

As jurist, citizen, and human rights activist, the issues of aligning law in the books with justice in the life of Palestinians has both tested my commitment to a word order in which law and justice become closely aligned. This cannot happen so long as the UN and the management of power and security is left to the priorities of geopolitical actors, at present the US, China, and Russia, particularly if their relations are strained by the emergent struggles particularly evident in relation to Ukraine and Taiwan. The US seeks to retain the unipoarity—that is, the exclusion of other geopolitical aspirants from the managerial roles of global security—in the face of growing challenges not only from Russia and China, but also from the BRICs and a realigned Global South.

The lives of dissenting public intellectuals whether rooted in the scholarship of the humanities, at which Edward Said excelled, or the academic engagements of a social scientist devoted to the alighment of law and justice, the imperatives of values, thought, and action need to be fused and their impact on governmental and UN actors dramatically increased if world order challenges are to have any chance of being addressed in humane and effective ways. In a constructive sense, all legal analysis rests upon disclosed or suppressed what I have characterized as ‘advocaacy jurisprudence.’ Such an assertion builds on the work of legal realism and critical legal studies, and in keeping with the Lasswell/McDougal explicit endorsement of liberal constitutionalism as the guiding principle of constructing legal outcomes, although slightly disguised by their claim of a scientific social science epistemological foundation for their normative preferences.


* Adapted from Edward W Said Memorial Lecture: The Enduring Legacies of Edward Said

The American University in Cairo, Nov. 4, 2023


[1] My jurisprudential orientation accords with and is influenced by Noura Erakat pathbreaking JUSTICE FOR SOME: LAW AND THE QUESTION OF PALESTINE (2019)

[2] Others I would mention in the ssame spirit are Noam Chomsky, Daniel Ellsberg, Cornel West, David Ray Griffin, and from a distance, Albert Camus, Jean-Paul Sartre, Bertand Russell, Mohatma Gandhi, and Martin Buber. Within my disciplinary orientation of international law, I found the critical work and normative perspectives of TWAIL (Third World Approaches to International Llaw) as a compatible complement to the work of jurists in the Global West working toward a similar realignment of law and justice as are dissenting public intellectuals. In this regard I would mention Asli Bali, Noura Erakat, Darryl Lee, Lisa Hajjar, Victor Kattan, and Penny Green as currently active examples in the US/UK setting.

[3] See the influential writings of Hans Kelsen and the many conscious or unconscious Kelsenites. Also relevant is the writing of Max Weber trying to curtail the influence of religion in policy formation and give way to Enlightenment values privileging science. In some attempts to objectify a preferential set of values the issue of subjectivity is shifted but not eliminated. See Hans Kelsen, Principles of International Law (2003) The most notable undertaking of this sort was attempted by the New Haven School of International Law, as principally propounded by Harold Lasswell & Myres S. McDougal at Yale Law School. See their Jurisprudence for a Free Society (1991)

[4] By ‘first approximation’ I want to again emphasize that legal norms are not self-elucidating. Their ambiguity is

somewhat arbitrarily overcome by leaving the authority to finalize the interpretation of norms to judicial bodies.

The dissatisfaction among liberals about the outlook and judgments of the US Supreme court in recent years reveals tensions in the alignment between law and justice. During the Warren Court it was political conservatives that were distressed by what they regarded as misalignment of law and justice. 

[5] There are enough discrepancies between the initial Israeli account of the Hamas attack and what actually happened on Oct 7 to support the appointment of an international commission should be arranged to produce a trusted objective and comprehensive account of what actually happened on that tragically eventful day.

[6] Edward W. Said, Orientalism (1978)

[7] No words in political discourse are more manipulated than are ‘genocide’ and ‘terrorism.’ The former

to criminalize dehumanizing behavior, while the later suspends the laws of war be dehumanizing those

that use political violence as an instrument of armed struggle, with more or less justification.

[8] Although indefinite in its contours, international law authrorizes armed resistance to oppressive rule. See UN General Assembly Res. 2625 (1975).This makes the Hamas attack to be a hybrid event, both containing war crimes and a resistance rationale. This rationale points to the failure to find a peaceful solution after more than 75 years.

[9] See Thomas Suarez, How Terrorism Created Modern Israel (2016)

[10] See Convention on the Prevention and Punishment of the International Crime of Apartheid, 1973; recently documented by Michael Lynk 2021 report to the HRC in his role as SR, Michael Lynk in Richard Falk, John Dugard, Michael Lynk, PROTECTING HUMAN RIGHTS IN OCCUPIED PALESTINE: WORKING THROUGH THE UNITED NATIONS (2023), 297-312; also the authoritative reports of the UN’s ESCWA, and NGOs Human Rights Watch, Amnesty International, and B’Tselem.

[11] This reasoning of mine should be compared to the proposals published on October 22, 2023 in Foreign Affairs by the former PA Prime Minister, Fayyad Salam ideas.

[12] For ellaboration see Richard Falk, PREDATORY GLOBALIZATION: A CRITIQUE (2001)

[13] Samuel P. Huntington, “The Clash of Civilizations,” Foreign Affairs 72: 22-49 (1993)

[14] Ibid, Note 13.

[15] The President of Israel: Isaac Herzog, “This Is Not a Battle Just Between Israel and Hamas,” NY Times, Nov. 3, 2023.

Scientists form a Global Anti-War, Anti-Genocide Network: from Hiroshima to Gaza

7 Mar

[Prefatory Note: The post below is the slightly edited text of a keynote address to an organizational meeting for establish a worldwide network of Scientists Against War and the Destructive Use of Science as stimulated by the Israeli genocide against the civilian population of Gaza. This encouraging event of global scope occurred on December 9, 2023, some six weeks before the International Court of Justice issued its historic Interim Order on January 26, 2024 with a near unanimous vote supportive of the ‘plausibility’ of South Africa’s initiative undertaken in accord with Article IX of  the Genocide Convention to allow Parties to bring legal disputes as to the applicability of allegations of genocide to be resolved under the authority of ICJ. A video version of my talk is available: https://youtu.be/-kIb-NhVHiQ ].

I find the initiative that the organizing committee has taken in producing this Convention Against War and Destructive Use of Science: Scientists Against Israeli Apartheid, Occupation and Genocide to be a glimmer of light in a dark sky. A dark sky that is dominated by the most transparent instance of genocide in human history.

Where because of the capacity of worldwide media to show the daily unfolding of this terrible criminal action in Gaza and its related effects in the West Bank as well, the peoples of the world are exposed as never before to the concrete exposure of genocide in real time. Past genocides, even the Holocaust, have always been something relatively abstract from our consciousness, with its horrifying realities exposed long after the mass killing has stopped. This immediacy and unmistakable reality of the Gaza genocide, including the exposure of its sadistic details, intensifies the challenge to the collective conscience of humanity..  

What is happening in Gaza, it is not only a visible reality for the peoples of the world and the governments, the leaders and those in international institutions, it is also something that is reinforced by the explicit endorsement of such an approach to conflict as has been embarked upon by the leadership of Israel. Never has such a candid admission that one is striking against the people as a whole: cutting off their food and fuel and electricity, bombing their hospitals and places of shelter, targeting places where children and women gather. What is also shocking is that display of horror enjoyed the support and active complicity of several of the leading liberal democracies in the world. It suggests an imperial post-colonial posture toward the Global South in Western Europe and North America, which seems to be largely configured inter-civilizationally.

This Gaza onslaught is a dramatic horror story that makes this kind of transnational professionally grounded initiative against militarism so encouraging, a glimmer of light during dark times when many storm clouds hover close to planet earth. To oppose militarism all of its manifestations will hopefully become a dominant preoccupation of scientists and others, indeed for everyone with a global conscience to motivate them to feel that they must act responsibly in light of such developments that cloud the present and pose dire threats for the future..

Let me refer briefly to my experience with militarism and war-making. Having taught, as was said, at Princeton University for 40 years, I was surrounded by some of the world’s leading scientists including Robert Oppenheimer, John Wheeler, Murph Goldberger, and Freeman Dyson and others of global stature. What intrigued me then was the degree to which these outstanding scientists were enticed by the opportunity to take part in the security dimensions of government policy, which included feeding the militarist appetites of the private sector, exerting an unhealthy influence on public opinion, domestic politics, and a bloated bilateral peacetime military budget over the years by grossly exaggerating security threats and by the economically motivated projection of American power worldwide. This kind of toxic connection between scientists and government policy which is probably more extreme in both its character and effects in the United States than elsewhere.  being labeled by the US president ; the degree to which the US has the largest military budget and also is by far the largest arms supplier in the world, making it the largest source of military hardware and software among the national merchants of death. The US President, Dwight Eisenhower warned Americans about the dangers of ‘the military-industrial complex’ in his 1961 Farewell Address, a warning that to this day goes unheeded. Eisenhower’s words are worth recalling:

“we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military–industrial complex. The potential for the disastrous rise of misplaced power exists, and will persist.In actuality, the danger has increased in the last 62 years.

The other reinforcing experience I had was to visit the two leading nuclear strategic centers of global security policy, in the United States, and I take notice of two kinds of personalities that one encountered there. These were venues dominated by scientists.

One was a feeling that by contributing to the military development of weaponry and doctrine and so on scientists were somehow doing something in the “real world” and that this was a source of what struck me then as a kind of careerist excitement for them. And the other kind of scientific personality were people who didn’t know a great deal about politics but were indoctrinated into an unquestioning acceptance of the prevailing ideology of the time and were Cold War activists in a very superficial yet dogmatic way, This led them to believe that their work that consisted of helping with the development of weapons and the worst kind of weapons was something that was positive, that it contributed to a better world, both guarding the peace against the ideological enemy in Moscow and making the world safe for market-oriented constitutionalism.

In other words, ideology underpinned this enthusiasm for robust connections between the scientific community militarism that was broadly present in the society and very very salient, at least in the United States, throughout the entirety of the Cold War—and actually after the Cold War—because it saw the opportunity (with the collapse of the Soviet Union) to become the unipolar dominant presence in the world and didn’t have the imagination to choose anything other than the solidification of its military dominance as the path to establish and maintain its hegemonic role in international political life after the Cold. And this quest continues to guide American foreign policy despite rising resistance throughout the non-West. have focused on the United States partly because I know it best but also because I think it represents, in its own way, a powerful metaphor for the distortions that arise from this misbegotten marriage of militarism and knowledge as filtered through the brilliance of some of  the world’s finest scientists.

This kind of initiative, that you all are part of, is an overdue reaction. Perhaps the extremity of what’s happening in Gaza made many of us, regardless of professional orientation, to act in anti-militarist ways that we were not motivated to act before. It overcame a human tendency toward complacency and the feeling of helplessness about taking on these larger issues.

But I think that one of the revelations of this outbreak of genocide in Gaza is the helplessness of the formal structures of war prevention and the protection of peoples against abusive behavior. The UN, which was supposedly created as a war prevention institution after World War II, was, in a sense, designed by its founders to fail because it gave the five most powerful countries in the world the authority to block any kind of effective response that might oppose or neutralize militarism and aggressive and criminal undertakings in the course of war, epitomized by vesting a veto power in the winners of World War II.

This awakening from decades of indulging militarism which I think is happening in many domains, not just among scientists. I’m part of a parallel initiative of so-called global intellectuals that is similarly awakening to the fact that if the peoples of the world do not take responsibility, nothing effective will be done to curtail the menace of militarism and destructive warfare.

And so, this initiative among scientists is systemically important, giving rise that it strengthens over time, and does not dissipate when the current crisis subsides. .

There’s one other general factor that hasn’t often been taken into account, that despite this surge of militarism in the post-Cold War and present world: militarism hasn’t produced political results associated with costly investments in achieving military superiority nationally, regionally, and globally. In the post-1945 period, the large investments in military capabilities have proved in most combat zones to be dysfunctional. In a series of symbolic activities that sought to bring to bear military superiority as a way of controlling the political outcomes in Global South combat zones have ended in political defeat for the side controlling battlefield results. And the assumption of those that make foreign policy for almost all leading governments is that history is constituted by those that prevail in military conflicts. That, in other words, that war and militarism continue to have the same historical agency that in earlier times allowed  European colonialism to control most of the non-West.

But recent international experience defies that understanding and the US especially should have learned this by its decade-long experience in the Vietnam War. In that war  the US had complete military dominance yet lost the war. It is important to understand tat the lessons of that political defeat cannot be learned by these militarist governing elites. This is because there’s too strong a vested interest in persisting with the belief that military agency is what controls political outcomes and shapes history, a view that although contrary to experience continues to prevail in the coopted most influential media platforms throughout most of the world, reflecting as well the decline of independent media in even the most respected political democracies.

If Vietnam wasn’t enough of a pedagogic experience, then the 20-year commitment to state building in Iraq and in Afghanistan should have been a breakthrough that would encourage a more critical political consciousness in relation to military approaches to global security in the 21st century. But again, the energies of the militarist leverage within societies remained too strong to learn the lesson that in a post-colonial period of important powers, exhibited by persistent national mobilization in response to foreign intervention, that military superiority does not any longer produce favorable cost/benefit calculation. Any objective assessment of all the—not only the examples I’ve given—but Libya, Yemen, Syria, all of these venues of military intervention produced devastation, to be sure. But they didn’t satisfy the objectives of those who invested lives and trillions of dollars in achieving control the political outcomes, losing out both normatively and geopolitically as well.

Basically that’s a constructive reality, and it’s not just applicable to the United States. All the colonial wars with European states were won by the weaker side militarily. And that’s a terribly important lesson. Why it can’t be learned is because it would undercut the profitability of the arms industry and the power of the military within governmental bureaucracies. So what was done after the Vietnam War was not a matter of controlling involvement or the preparation for less militarist, more prudent forms of security, but instead the development of new weapons and the employment of scientists in that process, that is, the cure for the failures of militarism is to invest more intelligently and even more expansively in militarism, a seeming unbreakable cycle that is not susceptible to repudiation by repeated experiences of failure and moral/legal outrage. It will take anti-militarist pressures generated from within civil society, and hopefully achieving global scope and influence.

In effort to control the media during future intervention, the popular slogan in the US was that the Vietnam War was lost not on the battlefield in Vietnam but in the American living room. The idea was that the media would be more subjected to the discipline of a militarized political consciousness was accorded by a high policy priority by think tank and foreign policy elites..

Let me bring these remarks to an end by going back to the Gaza reality for a moment and saying that the Israeli practice there of genocide is in a sense a recognition of the futility of war as between two military capabilities. This is a war against people. And it’s a war that can be won only by the elimination or the dispossession of people. In that sense, it is a correct, perverse, and surrealistic recognition of the futility of conventional war as a way of shaping politics. It’s a horrifying reaction to that futility by resorting to an explicit avowal of genocide as the basis of Israeli security and territorial ambition in a sense, particularly applicable in contexts of settler colonial projects that to succeed must eliminate or totally marginalize the indigenous population, making even longtime residents, strangers in their own homelands.

So let me end by saying I applaud the draft Declaration, which I think is a very powerful document, and I hope that this initiative will lead to a worldwide process of anti-militarism and anti-war sentiment that will enlist powerful support from scientists and widespread respect from independent media, peace minded governments, and citizens of concern and conscience.

Thank you very much for giving me this opportunity to speak at this important occasion.

Gaza: The Wider Context

1 Mar

[Prefatory Note: my essay of explication on the inexplicable, as published by Eure-Med Monitor at the end of February 2024]

COMMENTARY: In Gaza, the west is enabling the most transparent genocide in human history

Richard Falk

Update of 2/25/24 EuroMed Article by Richard Falk:

It is helpful to conceive of the Israeli settler colonial undertaking in Palestine as having reached its decisive phase, and as such concerns in addition to resources, land and people. From an Israeli perspective, ‘more land, less Palestinians’; from a Palestinian perspective, ‘steadfastness and resistance in relation to land and residence rights.’

The latest news pertaining to Gaza as reported in the Western media and government circles is that a six week pause in the onslaught in Gaza is being negotiated in Paris and Doha, and possibly will take effect on March 10th, the beginning of Ramadan. The deal being negotiated centers on the release of women, children, and the elderly among the 99 Israel hostages still held by Hamas, and an exchange that is rumored to lead to the freeing of 300 Palestinians currently held in Israeli prisons, often under abusive conditions.

It is coupled with a continuing announced intention by PM Netanyahu of a planned attack on the southernmost Gaza city of Rafah, which is now sheltering as many as 1.5 million displace Palestinian or more than half of Gaza’s 2.3 million population and more than ten times the number of people normally living in Rafah.

The overall genocidal attack in its fifth month now has resulted in more than 30,000 Palestinian deaths with another 7,000 missing, and over 70, 000 injured many badly.  A further estimated 576,000 are coping with imminent famine conditions, 85% of Gaza population is displaced, and 80% of residential housing has been destroyed or seriously damaged, as well as 96% of Gaza agricultural infrastructure destroyed or damaged.

To calibrate the extent of loss and suffering by reference to the current US population of 335 million would mean multiplying the above Palestinian casualty statistics by more 140 times, and many fear that starvation, disease, and the Rafah attack will greatly increase Palestinian losses.

Recall Samuel Huntington’s controversial, yet influential, 1993 Foreign Affairs article, “The Clash of Civilizations,” which ends with the provocative phrase, “The West against the rest.” Although the article seemed far-fetched 30 years ago, it now seems prophetic in its discernment of a post-Cold War pattern of inter-civilizational rivalry. It is rather pronounced in relation to the heightened Israel/Palestine conflict initiated by the October 7 Hamas attack on Israeli territory with the killing and abusing of Israeli civilians and IDF soldiers, as well as the seizure of some 200 hostages.

Clearly this attack has been accompanied by some suspicious circumstances such as Israel’s foreknowledge, slow reaction time to the penetration of its borders, and, perhaps most problematic, the quickness with which Israeli adopted a genocidal approach with a clear ethnic cleansing message. At the very least the Hamas attack, itself including serious war crimes, served quite  conveniently as the needed pretext for the 100 days of disproportionate and indiscriminate violence, sadistic atrocities, and the enactment of a scenario that looked toward making Gaza unlivable and its Palestinian residents dispossessed and unwanted.

Despite the worldwide transparency of the Israeli tactics, partly attributable to ongoing TV coverage of the devastating and heartbreaking Palestinian ordeal, what was notable was the way external state actors aligned with the antagonists. The Global West (white settler colonial states and former European colonial powers) lined up with Israel, while the most active pro-Palestinian governments and movements were initially exclusively Muslim, with support coming more broadly from the Global South. This racialization of alignments seems to take precedence over efforts to regulate violence of this intensity by the norms and procedures of international law, often mediated through the United Nations. South Africa broke this pattern by its historic initiative at the ICJ that resulted in a near unanimous Interim Order on January 26, 2024, which seems to have had no impact on Israel military tactics or interference with the delivery of humanitarian aid or support by the Global West.

This pattern is quite extraordinary because the states supporting Israel, above all the United States, have claimed the high moral and legal ground for themselves and have long lectured the states of the Global South about the importance of the rule of law, human rights, and respect for international law. This disregard the manifest of intent of the Genocide Convention to  urge compliance with international law and morality by both sides in the face of the most transparent genocide in all of human history. In the numerous global pre-Gaza genocides, the existential horrors that occurred were largely known after the fact and through statistics and abstractions, occasionally vivified by the tales told by survivors or given expression in novels or films. The events, although historically reconstructed, were not as immediately real as these events in Gaza with the daily reports in real time from brave journalists in the Gaza combat zones for more than four months, enduring many deaths..

Liberal democracies failed not only by their refusal to make active efforts to prevent genocide, which is a central obligation of the Genocide Convention, but more brazenly by openly facilitating the continuation of the genocidal onslaught. Israel’s frontline supporters have contributed weapons and munitions, as well as providing targeting intelligence and even assurances of active engagement by ground forces if requested, as well as providing diplomatic support at the U.N. and elsewhere throughout this crisis. 

    Liberal democracies failed not only by their refusal to make active efforts to prevent genocide, but more brazenly by openly facilitating continuation of the genocidal onslaught   

These performative elements that describe Israel’s recourse to genocide are undeniable, while the complicity crimes enabling Israel to continue with genocide remain indistinct, being situated in the shadowland of genocide. For instance, the complicity crimes are noted but remain on the periphery of South Africa’s laudable application to the International Court of Justice (ICJ) that includes a request for Provisional Measures crafted to stop the genocide pending a decision on the substance of the charges of genocide. The evidence of genocide is overwhelmingly documented in the 84-page South African submission, but the failure to address the organic link to the crimes of complicity is a weakness that could be reflected in what the court decides.

Even if the ICJ does impose these Provisional Measures, including ordering Israel to desist from further violence in Gaza, it may not achieve the desired result, at least not before the substantive decision is reached some three to five years from now. It seems unlikely that Israel will obey Provisional Measures. It has a record of consistently defying international law. It is likely that a favorable decision on these preliminary matters will give rise to a crisis of implementation.

The law is persuasively present, but the political will to enforce is lacking or even resistant, as here in certain parts of the Global West, and the ICJ lacks any independent enforcement authority. The UN leaves, as usual, implementation at the mercy of the veto-burdened Security Council..

The degree to which the U.S. has supplied weaponry with U.S. taxpayer money would be an important supplement to rethinking the U.S. relationship to Israel that is so important and which is underway among the American people—even in the Washington think tanks that the foreign policy elites fund and rely upon. Proposing an arms embargo would be accepted as a timely and appropriate initiative in many sectors of U.S. public opinion. I hope that such proposals may be brought before the General Assembly and perhaps the Security Council. Even if not formally endorsed, such initiatives would have considerable symbolic and possibly even substantive impacts on further delegitimizing Israel’s behavior and stimulating solidarity initiatives..

A third specific initiative worth carefully considering would be timely establishment of a People’s Tribunal on the Question of Genocide initiated by global persons of conscience. Such tribunals were established in relation to many issues that the formal governance structures failed to address in satisfactory ways. Important examples are the Russell Tribunal convened in 1965-66 to assess legal responsibilities of the U.S. in the Vietnam War and the Iraq War Tribunal of 2005 in response to the U.S. and U.K. attack and occupation of Iraq commencing in 2003.

Such a tribunal on Gaza could clarify and document what happened on and subsequently to October 7. By taking testimony of witnesses, it could provide an opportunity for the people of the world to speak and to feel represented in ways that governments and international procedures are unable to enact, given their request for Provisional Measures to stop the ongoing Gaza onslaught, it will increase Global South and civil society pressure on Israel and its supporter governments to comply. As Israel has refused to make even efforts to comply with the near unanimous Interim Order of the ICJ, it has escalated pro-Palestinian solidarity efforts throughout the world and cast Israel into the darkest regions of pariah statehood.

In such an atmosphere, nonviolent activism and pressure for the imposition of an arms embargo and trade boycotts as well as sports, culture, and touristic boycotts will become more viable policy options, and can be given symbolic and substantive reality within the private sector, even among individual consumers. This approach by way of civil society activism proved very effective in the Euro-American peace efforts during the Vietnam War and in the struggle against apartheid South Africa, and elsewhere.

Israel is becoming a pariah state due to its behavior and defiance exhibited toward legal and moral norms. It has made itself notorious by the outrageously forthright acknowledgement of genocidal intent of its highest leaders with respect to Palestinian civilians whom they are under a special obligation to protect as the occupying power.

Being a pariah country or rogue state makes Israel politically and economically vulnerable as never before. At this moment, a mobilized civil society can contribute to producing a new balance of forces in the world that has the potential to neutralize the sway of Western post-colonial imperial geopolitics that has dominated the global management of power since the end of the Cold War more than 30 years ago..

It is also relevant to take note of the startling fact that the anti-colonial wars of the last century were in the end won by the weaker side militarily. This is an important lesson, as is the realization that anti-colonial struggle does not end with the attainment of political independence. It needs to continue to achieve control of national security and economic resources as the recent wave of anti-French coups in former French colonies in sub-Saharan Central Africa illustrate. The most recent of these coups occurred in Niger about a year ago.

In the 21st century weapons alone rarely control political outcomes. The U.S. should have learned this decades ago in Vietnam, having controlled the battlefield and dominated the military dimensions of the war, and yet having failed to achieve control over its political outcome, and correctly perceived as having lost the war..

The U.S. is disabled by its internal political structure from learning the appropriate lessons from such defeats. Such learning would weaken the leverage of the military-industrial-government complex, including the private sector arms industry and the corporatized media. This would subvert the domestic balance in the U.S. and substantially discredit the global geopolitical role being played by the U.S. throughout the entire world.

So, it is. currently an anachronistic situation. Despite knowing what to do. yet well-entrenched special interests preclude rational adjustments, and the military malfunctions and accompanying geopolitical alignments persist, ignoring costly failures along the way.

In effect, experience suggests strongly what should be done, but the political clout does not exist to get the needed job done. Global public opinion is shifting, peace-minded coalitions are forming, and demonstrations globally are building opposition to continuing the war.

Iran

There is a huge U.S./Israel propaganda effort to tie Iran to everything that is regarded as anti-West or anti-Israeli. It has intensified during the Gaza crisis, starting with the October 7 attack by Iran’s supposed proxy Hamas. You notice even the most influential mainstream print media such as The New York Times routinely refers to what Hezbollah or the Houthis do as “Iran-backed.” Such actors are reduced misleadingly to being proxies of Iran. In contrast, references to Ukraine never make explicit the US or NATO backed and materially supported Kyiv government, which is so much more tangible than whatever involvement Iran seems to have with pro-Palestinian initiatives undertaken by non-state actors in the region.

This way of denying agency to pro-Palestinian actors and attributing behavior to Iran is a matter of Israel/US state propaganda trying to promote belligerent attitudes toward Iran to the effect that Iran is our major enemy in the region, while Israel is our loyal friend. At the same time, it suppresses the reality that If Iran is backing countries and political movements, it obscures what the U.S. is doing more overtly and multiple times over throughout the Middle East.

It is largely unknown what Iran has been doing in the region to protect its interests. Without doubt, Iran has strong sympathies with the Palestinian struggle, and is strongly in favor of minimizing US presence and influence.. Those sympathies coincide with its own political self interest, especially its national security, in not being attacked. Additionally, Iran has lots of problems arising from opposition forces within its own society.

But I think dangerous state propaganda is building up this war-mongering hostility toward Iran. It is highly misleading to regard Iran as the real enemy standing behind all anti-Israeli actions in the region. It is important to understand as accurately as possible the complexity and unknown elements present in this crisis situation that contains dangers of wider war in the region and beyond. As far as is publicly known, Iran has had an extremely limited degree of involvement in the direct shaping of the war and Israel’s all-out attack on the civilian population of Gaza.

Hamas and a Second Nakba

While I was special rapporteur for the U.N. on Israeli violations of human rights and international humanitarian law, I had the opportunity to meet and talk in detail with several of the Hamas leaders who are living in Doha and Cairo, as well as in Gaza. In the period between 2010 and 2014, Hamas was publicly and by back channels pushing for a 50-year cease-fire with Israel. It was conditioned on Israel carrying out the unanimous 1967 Security Council mandate in SC Res 242 to withdraw its forces to the pre-war boundaries of “the green line” established after the 1948 War. Hamas had also publicly sought a long-range cease-fire with Israel after its 2006 electoral victory in Gaza of up to 50 years.

Neither Israel nor the U.S. would respond to those diplomatic initiatives. Hamas leader Khalid Machal, the most intellectual of the Hamas leaders with whom I met, told me in some detail that he had personally warned Washington of the tragic consequences for civilians on both sides of the conflict, if it was allowed to go on without a long-term cease-fire sustained and accepted. Machal’s efforts were confirmed by non-Hamas independent sources, which also confirmed that this effort to prevent further violence met with no encouragement in either Tel Aviv or Washington.

entanglement with geopolitical hegemony in relation to international criminal law and structures of global governance.

The South African World Court Case, Pariah State, and Popular Mobilization

The South African initiative is important as a welcome effort to enlist international law and procedures for its assessment and authority in a context of severe alleged criminality. Since the ICJ, the highest tribunal on a supranational level, has responded favorably to South Africa’s highly reasonable and morally imperative

Where can Palestinians go as the population suffers from famine and continued bombing? What is Israel’s goal?

I see the so-called commitment to thinning the Palestinian presence in Gaza as leading deliberately to a functional second Nakba. This is a criminal policy. I don’t know that it has to have a formal name. It is not a policy designed to achieve anything but the decapitation of the Palestinian population, if not in whole, at least in part, explaining the ICJ concern about halting what leaves the strong impression of genocide. Israel is exerting incredible pressure t to move large numbers of Gazans to the Egyptian Sinai, and the Egyptian al-Sisi government has declared that it opposes an influx of Palestinian refugees, yet rumors suggest that elaborate efforts to overcome Egyptian resistance include large-scale debt relief and IMF loans..

This is not a policy. The Palestinians in the Occupied Territories are being confronted with a threat of elimination or replacement, which is a characteristic of every settler colonial project. The Israeli campaign after October 7 was not predominantly directed toward Hamas’ terrorism nearly as much as it was focused on the forced evacuation of the Palestinians from Gaza and intent on the related dispossession of most Palestinians from the West Bank, the real prize of this military campaign and the priority of the settler-oriented Netanyahu coalition government..

If Israel really wanted to deal with its security in an effective way, much more efficient and surgical methods would have been relied upon. There was no reason to treat the entire civilian population of Gaza indiscriminately as if it every Gazan was implicated in the Hamas attack, and there was certainly no justification for Israel’s genocidal response. The Israeli motivations seem more related to completing the Zionist Project than to restoring territorial security. All indications are that Israel used the October 7 attack as a pretext for a preexisting master plan to get rid of the Palestinians whose presence blocks the establishment of Greater Israel by finally obtaining sovereign control over the West Bank and at least portions of Gaza.

For a proper perspective we should remember that before October 7, the Netanyahu coalition government that took power at the start of 2023 was known as the most extreme government ever to govern the country since its establishment in 1948. The new Netanyahu government in Israel immediately gave a green light to settler violence in the Occupied West Bank and appointed overtly racist religious leaders to administer those parts of Palestine still occupied. What made it extreme, was its rejection of the pretense of a negotiated end to a struggle between the two peoples that purported to be based on co-existence rather than victory by the stronger side. The UN consensus, with almost universal support, presupposed Palestinian sovereign statehood while many Palestinian intellectuals and activists favored a single possibly confederated secular state guaranteeing ethnic and secular equality.

With the Gaza onslaught ambiguity was removed from Israel’s settler colonial end game , consisting of Israel claiming territorial sovereignty over the whole of the so-called promised land, enabling Greater Israel to come into existence as a Jewish supremacy state in accord with the forthright earlier Basis Law enacted in 2018 long before the Netanyahu coalition and the Hamas attack took place. What the Gaza operation since October is added is a resolve by Israel to defuse the so-called ‘demographic bomb’ by inducing Palestinian death and departure by mounting a sustained campaign of unrelenting state terror, with its heavy reputational costs exacted among the peoples of the world, including even in the long supportive Global West, where in the US and elsewhere pro-Palestinian sentiments become relevant to electoral outcomes scheduled to occur in 2024 and beyond.

The Need for a Different Context

We need to establish a different context than the one that exists now. That means a different outlook on the part of the Western governmental and NGO Jewish networks in the former colonial Europe and settler colonial white governments elsewhere steadfast supporters of Israel even now. This implies a different internal Israeli sense of their own values and security interests, and their own future development. The South African suggestive antecedent shows that it is only when sustained substantive pressure is brought to bear on national governing elites that have gone to these extreme lengths of relying on apartheid or genocide that startling transformative moves away from hegemony in the direction of constitutionally-based coexistence occur.

The lengths that the Israeli government has gone are characteristic of settler colonial states. All of them, including the U.S. and Canada, have acted violently to neutralize or exterminate the resident Indigenous people. That is what this genocidal interlude is all about. It is an effort to realize the goals of maximal versions of Zionism, which can only succeed by eliminating the Palestinians as rightful claimants to live in the coveted land, much less share in its governance. It should not be forgotten that in the weeks before the Hamas attack, including at the U.N., Prime Minister Benjamin Netanyahu was waving a map of “the new Middle East” that had erased the existence of Palestine.

Undoubtedly, one of Hamas’ motivations was to negate the view that Palestine had given up its right to self-determination, and that Palestine could be erased from political consciousness. Recall the old delusional pre-Balfour Zionist slogan: “A people without land for a land without people.” Such utterances of this early Zionist utopian phase literally erased the Palestinians who for generations lived in Palestine as an entitled Indigenous population, and anticipated what became a top priority political project. With the Balfour Declaration of 1917, this settler colonial vision was embodies in the governance of the Palestinians, enjoying the blessings of the leading European colonial powers and the liberal democracies that emerged after the indigenous people of the land no long presented a political obstacle to their replacement.

Given post-colonial realities, the Israeli project is historically discordant than earlier settler colonial undertakings, and hence more extreme. It exposes the reality of Israel’s policies and the inevitable resistance response to Israel as a self-proclaimed racially supremacist state. Israeli state propaganda and management of the public discourse long obscured this maximalist agenda of Zionism  and we are yet to know whether this was a deliberate tactic or just reflected the phases of Israel’s development and self-confidence.

This may turn out to be a moment of clarity with respect not only to Gaza, but to the overall prospects for sustainable peace and justice between these two embattled peoples that must reflect the exercise of rights of self-determination and achieve some version of constitutially equal coexistence..

Euro-Med Human Rights Monitor is a Geneva-based independent organization with regional offices across the MENA region and Europe

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