Archive | January, 2025

The Fragile Ceasefire: Gaza Tribunal More Relevant

30 Jan

[Prefatory Note: The post below was published in Middle East Eye on 29 January 2025,

representing my latest attempt to express support for the Gaza Tribunal Project seeking

civil society enforcement of international law given the neutering of the global normative order.]

Amid fragile ceasefire, the Gaza tribunal on genocide will bring us closer to justice

Richard Falk

In 1 November 2024, a coalition of concerned individuals and organisations launched the Gaza Tribunal (GT) in London in response to the international community’s failure to halt the genocide in Gaza.

After more than a year of carnage, its convenors launched this civil society initiative with an urgent mission: to stop the killing in Gaza and establish a permanent, reliable ceasefire – something the United Nations and other parties involved failed to do.

The guiding aspiration of the tribunal was to represent the peoples of the world in their endeavour to overcome this horrifying spectacle of daily atrocities in Gaza and resist the temptation to accept our collective helplessness in the face of such totalising devastation.

It also seeks to hold Israel – along with complicit governments, international institutions and corporations – accountable for their roles in the violence.

In line with this mission, the GT has worked to ensure political independence from governments and active politicians, refusing to accept governmental or compromised funding.Top of Form

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With the three-phase ceasefire agreement now being implemented, the tribunal remains more critical and relevant than ever.

Complementary role

From the start, a key question facing the tribunal was what particular role it would play, given that both the International Court of Justice (ICJ) and the International Criminal Court (ICC) were already investigating criminal charges against Israel.

How could a civil society tribunal add anything to the work of this respected judicial process, an organ of the UN enjoying a preeminent status when called upon to resolve legal disputes among governments?

The tribunal is not seeking to compete with the ICJ but rather to play a complementary role that appreciates the ICJ’s contributions while offering its own distinctive impact

What could be our added value? Who the hell did we think we were?

In response to the perception of irrelevance, the tribunal views its function as distinct from these international bodies.

Through its operations, the tribunal will reach conclusions about the central issue of genocide and related criminality much faster than the ICJ, which is expected to take several years to issue a final judgment.

A key justification for this type of tribunal is its freedom from legalistic rules that limit the scope of inquiry, allowing it to address underlying questions of justice directly.

Additionally, the GT will produce accessible and readable texts that are informed by international law but not burdened by its technicalities, making them far more

accessible to the public through media outlets and political gatherings.

In sum, the tribunal is not seeking to compete with the ICJ but rather to play a complementary role that appreciates the ICJ’s contributions while offering its own distinctive impact that addresses some of the limitations of a strictly legal approach, however authoritative.

Continued relevance

An additional concern, along similar lines, arises from the ceasefire process, which, if upheld, will be seen as the end of the humanitarian catastrophe in Gaza by many but as the beginning of a fragile and ambiguous future by the convenors of the tribunal.

The issues of continued relevance in light of the ceasefire are different and can be summarised as follows: issues of accountability, complicity and the fulfilment of the basic rights of the Palestinian people are outside the scope of the ceasefire.

The ceasefire itself is fragile, and the right wing of the Israeli cabinet appears confident that the genocidal war will resume after the return of the first batch of hostages, with no concern for the further promised release of Palestinian prisoners.

As with the Oslo diplomacy of the 1990s, Israel often upholds the first phase of promising peacemaking that serves its interests – only to then scuttle the remainder, which would require agreeing to some form of co-existence.

There are already signs of Israeli non-compliance, highlighted by the lethal shooting of Palestinians in Rafah and deadly raids in Jenin and Nablus in the occupied West Bank.

Additionally, US President Donald Trump and his Middle East envoy, Steve Witkoff, have both floated proposals of ethnic cleansing, suggesting that the return of hostages could be coupled with the transfer of a portion of the surviving Palestinian population in Gaza to neighbouring countries and other Muslim states, including Indonesia.

Like previous civil society tribunals that have addressed violent conflict, civic efforts to establish such a tribunal are undertaken only when formal structures of authority in international relations fail to stop the violence and related criminal actions.

Civil society approach

Perhaps the most important – yet least understood – aspect of the Gaza Tribunal initiative is its deliberate political nature in both the proceedings and the goals being pursued.

This civil society-driven approach to its judicial framework differs significantly from the analogous frameworks found in intergovernmental or national courts.



The tribunal begins with the premise that the policies, practices and politicians of the accused state are guilty of severe wrongdoing – ethically, legally and, in a profound sense, spiritually.

Unlike government-established courts, this tribunal does not extend due process or presumptions of innocence to governments or individuals accused of criminal actions.

This contrasts with conventional court proceedings, which are generally considered unfair or invalid unless defendants are provided a sincere and adequate opportunity to defend their actions.

In this sense, the Gaza Tribunal’s approach differs markedly from the Nuremberg trials, where due process rights were granted to surviving Nazi political figures and military commanders after World War Two.

While these trials sought to deliver justice, they were criticised as “victors’ justice”, as the crimes of the victors were neither investigated nor prosecuted.

The GT operates from a presupposition of guilt, grounded in available evidence and perceptions.

It is motivated by two main objectives: to document criminal wrongdoing as authoritatively as possible and, perhaps more importantly, to mobilise individuals and groups worldwide. This mobilisation draws on moral and cultural authority figures – such as the UN secretary-general, the pope, and Nobel Peace Prize laureates – as well as faith-based groups, labour unions and human rights organisations.

‘People power’

The tribunal can be seen as a form of ethical or advocacy jurisprudence, a kind of lawmaking not typically taught in even the most prestigious law schools in the world’s most democratic societies.

Despite this, it remains an indispensable tool for resisting unchecked evil, of which genocide is widely regarded as the “crime of crimes”.

Unlike the ICJ or the ICC, the Gaza Tribunal encourages enforcement through civic activism in various forms without relying on governments to provide enforcement capabilities, which has yet to happen.

To clarify, the primary goal of the tribunal is action, not judgment, and this holds true even after a ceasefire.

Its focus is on “people power”, not institutional authority.

Its success will be measured by its societal impact, particularly in terms of the intensity and quality of solidarity movements around the world, akin to the Boycott, Divestment, and Sanctions (BDS) campaign in relation to the Palestinian struggle.

Similar non-violent solidarity movements played a key role in dismantling apartheid in South Africa, helping transform it from a regime of racial governance to a constitutional democracy with equal rights for all citizens.

A generation earlier, the anti-Vietnam War movement also demonstrated the power of a mobilised global citizenry – especially in the US and France – to end the interventionist policies of the most powerful nation in the world.

This effort gave rise to the first civil society tribunal, sponsored by the Bertrand Russell Peace Foundation in the UK, led by the great philosopher Bertrand Russell, with participation from leading intellectuals of the time, such as Jean-Paul Sartre.

‘Legitimacy war’

Public opinion today is largely shaped by the modern state, which exerts indirect influence over corporatised mainstream media.

In turn, powerful special interests and their well-funded think tanks ensure that governmental institutions remain aligned with their agendas.

The tribunal can be seen as one symbolic battleground in the legitimacy war that has been ongoing for more than a century between Israel and Palestine

This dynamic has perpetuated the misleading belief that military power remains the decisive factor in global conflicts post-World War Two.

However, historical records contradict this belief: every significant conflict since World War Two, including anti-colonial wars, has been won by the weaker side militarily.

Israel appears to be an exception to this trend, but its wars should be understood as part of an ongoing and unresolved struggle over sovereignty and control of historic Palestine.

The outcome in Palestine is still undecided, and despite the horrific violence in Gaza, Israel is losing the all-important “legitimacy war” – a symbolic battle for control over law, morality and public opinion.

Except in rare cases – such as Western Sahara, Kashmir and Tibet – the winner of a legitimate war ultimately controls the political outcome.

However, even the winning side may suffer significant losses over the prolonged struggles required to achieve that victory.

The Gaza Tribunal can be seen as one such symbolic battleground in the legitimacy war that has been ongoing for more than a century between Israel and Palestine.

Measure of success

If it succeeds, the tribunal will account for both the success or failure of the ceasefire while also creating a comprehensive archive documenting Israel’s criminality.

Moreover, it will foster worldwide solidarity, encouraging global militancy for justice.

The tribunal also contributes to the legitimisation of an alternative paradigm of international law, one that derives its authority from people and their sense of justice rather than relying solely on governments and their institutions.

The Gaza ordeal should awaken the conscience of people worldwide, making them more receptive to civil society initiatives like the tribunal.

By doing so, it acknowledges the complementary role of civil society in educating and mobilising citizens to embrace the view that the future of international law and justice often depends on their direct engagement in current political struggles.

In this way, this populist backstop of morally and legally driven activism has the potential to help humanity meet mounting global challenges effectively and fairly.

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Eye.

UN Special Rapporteurs on Palestine Talk Truth to Power as Trump Takes Over the US Government

25 Jan

New Realities of Israel/Palestine in the Trump Era: Settler Colonial Destinies in the 21st Century

25 Jan


[Prefatory Note: This post modifies and updates an interview with Mohammad Ali Haqshenas, a journalist with the International Quran News Agency, published under its auspices on January 22, 2025. It is affected by the assumption of the US presidency by Donald Trump and the early days of the Israel-Hamas ceasefire agreement negotiated during the Biden presidency more than seven months earlier.]  

1. How do you assess Donald Trump’s public and behind-the-scenes efforts as the U.S. President-elect to advance the ceasefire agreement and prisoner exchange?

For Trump a major incentive of achieving the ceasefire and prisoner exchange was to show America that he gets things done as contrasted with Biden who let this same ceasefire agreement sit on the shelf for more than six months.

The ceasefire is publicized as a demonstration of Trump’s and US leverage with respect to Israel when it actively seeks results rather than merely wants to make a rhetorical impression, but there is more to this ceasefire that is immediately apparent. In addition to a promise to Netanyahu of unconditional support, Trump may well have given confidential assurances of backing Israel’s high priority strategic ambitions. Number one would be to give cover if Israel chooses to annex all or most of the West Bank. Almost as important would be Trump’s promise that it would do his best to persuade the government of Saudi Arabia to normalize relations with Israel. This would represent a continuation of the arrangements brokered by the US to induce the UAE, Bahrain, Sudan, and Morrocco at the end of first presidential term in 2020 to reach normalization agreements with Israel.

It is also significant that numerous Washington officials in the Trump entourage have unconditionally promised to support Israel if the ceasefire arrangements collapse regardless of which side is at fault. There is not even a pretension of being objective in the sense of seeking to discern where the evidence of responsibility points.

Netanyahu is rumored to have given his hardline cabinet members, Ben Gvir and Smotrich, assurances that the military campaign will resume at the end of the six-week first phase. These assurances were probably necessary to avoid the collapse of Israel’s

shaky governing coalition.

2. How do you view the relationship between Trump and Netanyahu, as well as U.S. political considerations, in light of this ceasefire?

I think the relationship of these two autocratic leaders is based on their shared transactional style, ideological agreement, and shared strategic interests. Both leaders are defenders of the West against the rest, being especially hostile to Islamic forces in the Islamic world. The Palestinian struggle is on one level the core expression of this geopolitical rivalry, with all the complicit supporters of Israel coming from the white dominant countries, that is, the European colonial powers and the breakaway British colonies in North America, Australia, and New Zealand. On the Palestinian side, except for Iran, which is indirectly supportive of the Palestinian struggle, the political actors siding with the Palestinians are Islamic non-governmental movements and militias in the Middle East, most militantly the Houthis in Yemen and Hezbollah in Lebanon, both materially and diplomatically aided by Iran. Islamic governments in the Arab world have condemned Israel for committing genocide but have refrained from acting materially or even diplomatically in ways that might exert pressure on Israel. The alignments in this ‘clash of civilizations’ correspond closely to the political vision of Trump and Netanyahu, and recall the prophetic pronouncements of Samuel Huntington shortly after the end of the Cold War.    


3. Previous ceasefire agreements between Israel and Hamas were violated due to clashes between the two sides and ultimately failed. Do you think this agreement signifies a permanent end to the war or merely a temporary halt in conflicts?

I believe that Israel will not end the conflict until it satisfies at least one of its two strategic goals, both of which are outside of Gaza—the primary goal of Israel is the annexation of the West Bank coupled with a declaration of Israel’s victory over the Palestinians, signified by the formal establishment of Greater Israel as an exclusivist Jewish state from ‘the river to the sea.’ The secondary goal is to normalize relations with Saudi Arabia as a political foundation for the formation of an aggressive coalition that adopts policies to achieve regime change in Iran. Israel seems prepared to risk a major war in the course of doing so, while Saudi Arabia appears more cautious. The Trump presidency is clearly disposed to join Israel if it makes such an effort, indirectly if possible, directly if necessary. General Keith Kellogg, appointed by Trump as his Special Envoy to Ukraine in keeping with such conjectures is publicly advocating the revival of a policy of ‘maximum pressure’ on Iran as a priority of American foreign policy under Trump.

I think the Hamas side will do its best to uphold commitments to release hostages and abide by the ceasefire while Israel will pragmatically weigh its interests as the process goes forward, but seems far more likely to break the ceasefire agreement after the first 42 days, perhaps as Netanyahu’s way of keeping his coalition from collapsing, or even before as several violent incidents provoked by Israeli military forces have already occurred.  Nothing short of a total Hamas political surrender including the willingness to give up whatever weapons the resistance movement possesses might induce Israel to give temporily up its unmet goals of annexation and Saudi normalization by way of a peace treaty. Even if the ceasefire is more or less maintained in its first phase, Israel seems unlikely to remain within the ceasefire framework once the six weeks of phase one is completed, which means that the latter two latter phases of ending the campaign and IDF withdrawal phases of the ceasefire will never happen. In this event, it is all but certain that Israel would then resume the full fury of its genocidal campaign, provoking Hamas to react. Israel would then use its influence with mainstream media and support in Washington to shift blame to Hamas to avoid any responsibility for the breakdown in the courts of public opinion while resuming its genocidal campaign in Gaza that never was truly abandoned despite the claims made on behalf of the ceasefire diplomacy..

4. The Israeli finance minister, referring to his discussions with Netanyahu, stated that Israel has not yet achieved its objectives in the war. Can it be argued that this agreement will undermine Israel’s security?

I believe the Israeli response was never primarily about security. It was main about land and demography, more specifically about gaining sovereignty over the West Bank, and giving the settler militants a green light to make life unlivable for the Palestinians so that they would die or leave. This anticipated and indulged settler rampage has gathered momentum with its undisguised agenda of dispossessing and killing enough Palestinians so as to restore a Jewish majority population. By such means, settler violence serves an undisguised prelude to the incorporation of the West Bank into Israel, likely with Trump’s endorsement.

Prior to October 7, Palestinians and Israelis were almost evenly split in the overall population of 14 or 15 million inhabiting Israel and the occupied Palestinian territories of the West Bank and Gaza. The higher Palestinian birthrate means that it is only a matter time until a majority of Palestinians are living under Israeli apartheid control and long dubious claims made by Israel to being a democracy would become delusional.

In the background pf my response is the growing evidence that Israel allowed the October 7 attack to happen because it wanted to initiate massive violence against the Palestinians with the justification of acting in a retaliatory mode that would excuse the death and  expulsion of large number of Palestinians, a lethal process more or less repeating the expulsions of an estimated 750.000 Palestinians in 1948, what is known to Palestinians as the nakba or catastrophe.

The Israel government received several extremely reliable warnings preceding the October 7 attack, including from US intelligence sources. In addition, Israel possessed advanced surveillance capabilities throughout Gaza to monitor Hamas resistance moves. These technical capabilities were reportedly reinforced by informers making the supposed ‘surprise’ nature of the attack hardly possible to believe. Under such circumstances it is inconceivable that Israel, at the very least, should have prepared to defend its borders and nearby Israeli communities. This is not to say that Israel was necessarily privy to the details or scope of the attack and might have been genuinely surprised by its sophistication and severity. This might explain the widespread support in Israel and indulgence throughout the world for an excessive military retaliation that lasted for several months. During this period protests were small and were hardly noticed despite the genocidal features of the Israeli attack. As the violence and denial of the necessities for Palestinian subsistence went on month after month civil society opposition grew more intense and widespread, an impression furthered by agitated by repeated Israeli lethal interferences with humanitarian aid deliveries and accompanying aid workers, including even the targeting of ambulances, rescue vehicles, and the supplies sent for the relief of desperately hungry, sick, and injured Palestinians. 

5. The release of prisoners is a critical step in the course of the war. Israel has incurred significant costs by agreeing to release Hamas members and individuals convicted of violent actions, which has sparked disputes within the Israeli cabinet. In your view, what challenges will this stage of the ceasefire face?

I think the main humiliation for Israel was not the release of so many Palestinian prisoners, but the need to negotiate as equals with Hamas to recover 33 hostages in a military campaign justified from the beginning as dedicated to the destruction and elimination of Hamas as a political actor and the reconfiguring of governance in Gaza.

Anyone following these events would also have hardly known from the one-sided media coverage that Palestinian prisoners were being released as the near exclusive media focus, especially that of the leading platforms in the West, was on the plight of the ‘hostages,’ while ignoring the far worse plight of the civilian population of Gaza or the many Palestinian women and children subjected to far worse treatment while under confinement. The release of more than 90 Palestinians prisoners on the first days of the ceasefire, many of whom had endured extremely abusive treatment and were innocent of any involvement in the October 7 attack was deemed hardly newsworthy. By the end of the six-week Phase One of the Ceasefire Arrangement nearly 2,000 Palestinians are scheduled for release. True, it is a direct violation of the law of war to hold innocent civilians or even captured enemy soldiers as hostage, but considering the disparity of weaponry and given the long history of Israel’s violence against civilians in Gaza, it becomes understandable why the Hamas resistance would seek at least the so-called

‘bargaining chip’ of hostages.

This underlying disparity in the relation between the hostage release and prisoner release reinforced the long-nurtured Israeli discourse that Israel values the life and freedom of its citizens so much than does Hamas that it is willing to make to agree to an unequal exchange with its enemy. Such state propaganda is consistent with the reverse disparity in media treatment, showing a human interest in each Israeli hostage released while viewing the Palestinian prisoner releases as a purely impersonal matter of statistics, a portrayal movingly contradicted by the crowds in the West Bank celebrating the prisoner releases, heeding their words of anguish about their detention experience (often held for long periods without charges) and their joyous embrace of ‘freedom.’

Those of us with experience of the two political cultures are struck by the closeness of Palestinian families and the absence of any sacrificial ethos comparable to Israel’s Hannibal Directive that instructs IDF soldiers to kill Israelis at risk of being captured rather than allowing them to become prisoners who will be traded for a disproportionate number of Israels. Living under conditions of an apartheid occupation or oppression allows Palestinians few satisfactions in pattens of existence most of us would regard as a life of misery other than personal intimacy of family and friendship.


6. How do you evaluate the future of Palestine, particularly the Gaza region? Some observers believe that Gaza’s current generation of children, who have lost their homes and families in this war, might take action against Israel in the future. What is your analysis?

Given the present correlation of forces, including the Trump assumption of the US presidency, I see little hope for a just resolution of Palestinian grievances soon. A further period of struggle, including a continuing process of Israeli delegitimation is underway. Israeli as a result of the Gaza genocide has been rebranded as a pariah state whose lawlessness has undermined it sovereign rights, and even drawn into question its entitlement to remain a member of the UN that its leaders regularly defame as ‘a cesspool of antisemitism.’ Israel also faces increased pressures from the impact of a rising tide of global solidarity initiatives generated by civil society activism, and taking the form of boycotts, divestment, sanctions, taxpayer revolt, and reinforce by reductions of trade with and investment in Israel. Such developments are bound to have economic and psycho-political impacts over time on the quality of life in Israel. Few doubt that such a campaign caused apartheid South African elites to experience the anguish of being excluded from international sporting events or of by having lucrative invitations refused by performing international musicians.

If the dynamics of delegitimation lead a significant number of Israelis to leave the country, choose to live elsewhere it would be a signal of the imminent collapse of Zionism as the state ideology of Israel, if not of Israel itself. Suddenly, the phantasies of veteran residents of Palestinian refugee camps are becoming real political possibilities. In other words, the Palestinians are winning the nonviolent Legitimacy War as measured by the Palestinian capture and global control of the high moral and legal ground of the conflict, and by the vitality of its national resistance under the most extreme pressures exerted by Israeli recourse to apartheid and now genocide. The dynamics of delegitimation may take decades of further suffering for Palestinians to feel vindication by the success of their prolonged resistance, above all by its translation into a political outcome that finally realizes Palestinian self-determination in a form that the Palestinians favor, and not by an arrangement pre-packaged and imposed by the UN or outside forces.

If this path to the realization of basic rights is effectively blocked by Israel’s apartheid tactics of domination, even should the genocidal jagged edges no longer are present, it will undoubtedly stimulate armed Palestinian resistance especially from survivors of the Gaza genocide who lost parents and children, and in some cases, whole families, or are living as amputees or with maimed bodies. It is impossible to imagine the depths of grief, which over time will give way to a sense of rage and resentment that will seek political expression in the form of violent anti-Israel acts and movements, as well as fuel global surges of genuine antisemitism, the opposite of the weaponized variants used so opportunistically to shield Isreal from criticism, censure, and sanctions.


7. From the international law perspective, what can be done to stop the Israeli occupation, which is basically the source of years-long conflicts in Palestine?

As should have become clear after decades of Israeli efforts to convert Palestinians into persecuted strangers in their own homeland, there is no path to a secure Israeli future even if the oppressor maintains its harsh apartheid regime. If that does not achieve political surrender or at least sullen acquiescence, then as a final effort to deal with resistance, then the settler elites are quite likely to engage in a last-ditch recourse to genocide. Israel is following the same path that the colonial West chose when compelled to deal with native peoples in the countries settled, who were dehumanized, slaughtered, and permanently marginalized. These pre-modern aggressions were most often rationalized by international law that until the last century generally legitimated colonial conquest and claims of sovereignty. In contrast, international law has since 1945 formally declared apartheid and genocide as high international crimes, but such a reclassification has proved inadequate in the face of Israeli defiance reinforced by the geopolitical complicity of the West, especially as led by the US.

The test of Palestinian resistance may emerge shortly and can be reduced to whether the remarkable steadfastness (samud) of the Palestinian people can withstand a final Israeli effort to transfer, eliminate, or kill the resident Arab population. There are already indications that the Trump leadership favors bizarre ethnic cleansing operations such as that mentioned by Trump’s newly appointed Middle East Envoy, Steve Witkoff. He recently proposed transferring a portion of the surviving population of Gaza to Indonesia.  Even if such a bizarre proposal is discounted as mere rhetoric it exhibited an intention to aid, abet, and facilitate Israel’s version of ‘a final solution’ that left the Jewish state in unobstructed control of historic Palestine. If we assume the Israeli willingness to implement such a plan and Indonesia agreeing in exchange for being lavishly subsidized, the very idea of such a proposal contradicts the proclaimed ethos of the 21st century. Channeling Trump, Witkoff is talking as if the world of states was a chess board on which the US could shift the pieces at will, an assert of hegemonic prerogatives.

  

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‘From Ground Zero: Stories from Gaza’: An Appreciation of the Palestinian People

22 Jan

[Prefatory Note: Reflections on the experience of seeing an unusual film in conception, initially published on January 20, 2025 in CounterPunch, and movingly transparent as a cinema experience.]

This extraordinary film, on the 2024 Oscar shortlist for documentaries, consists of 22 episodes stitched together by the noted Palestinian film director, Rashid Masharawi, but without any apparent effort to curate a narrative experience of the Gaza ordeal now in its 15th month. The power of the film taken as a whole derives from the cumulative impact of the utterly helpless and vulnerable Gaza civilian population seeking to survive despite overwhelming challenges to safety and pervasive loss of loved ones, home, neighborhood, schools, and sacred/historical sites in the overcrowded tiny Gaza Strip [25 miles long, 3.7-7.5 miles wide, population estimate of 2.3 million]. The various episodes both express the distinctiveness of Palestinian lived culture, its rich historical heritage, and the universality of a devastating saga of prolonged victimization.

I read through a series of admiring reviews that stressed these features of Palestinian resilience and creativity in the face of this cruel, undeserved collective fate. None of the episodes delves into the history of Palestinian suffering brought on by the Zionist Project for over a century. Nor is there any explicit linkage of the Gaza ordeal to the pathological geopolitics of the US-led supposed bastions of liberal democracy with its constitutional façade of fidelity to the rule of law and the international protection of human rights. From a cinematic perspective this purifies the message of bravery in the face of suffering, the existential variations of such an experience that has the potential to inspire remarkable acts of memorialization and transcendent behavior, as by making artworks from shards of glass or chunks of rubble.

These silences inevitably raise such questions as ‘Was this foreclosure of response a pragmatic adjustment to market realities, well-grounded fears of ideological suppression if the film had dared to examine even glancingly the underlying political impetus, the genocide of the perpetrators, the context of the October 7 attack, and the systemic disregard of law and morality by leading political actors? As it is, the film is being shown widely in American theaters, received accolades from reviewers, and much deserved attention from film festivals, even honored by nominations for coveted cinema awards. It seems fair to conjecture that this desirable outcome would not have happened had the Palestinians expressed anger directed at the sources of their misery. What we may never know was whether this set of foreclosure were set forth and monitored by the curator to make the film suitable for Western audiences in North America and Europe or whether this represented his aesthetic judgment to keep a steady universalizing focus on a dire humanitarian tragedy, somewhat mitigated by the courage and inner spirit of its victims. In sum, to consider effects of genocide rather than crime and its perpetrators.

At least in my review of mainstream film critics there was no commentary on this question of boundaries, whether consciously or not imposed on these 22 Gaza filmmakers. I left the theater struck by the failure of any of the characters to mention the words ‘genocide,’ ‘Israel,’ ‘Zionism,’ ‘United States,’ ‘United Nations,’ ‘international law,’ and ‘International Court of Justice.’ It should be mentioned that there was also no mention of ‘Hamas,’ ‘terrorism,’ and ‘hostages.’  This raises the question as to whether the absence of such references represented an effort by to adopt a posture of apolitical neutrality either for aesthetic or pragmatic reasons. We may never know, and would the motives of the curator be important beyond its human interest relevance? At the same time, I find it unacceptable to hide the evil of genocide behind a ‘two sides’ political smokescreen that equates the crimes of the oppressor with the criminal excesses of resistance on the part of the oppressed. The film completely avoids even a hint of some kind of implied parity of responsibility for the suffering inflicted on the people of Gaza.

From Ground Zero also steers clear of evoking our pity in frontal ways by showing hospital scenes of amputation or severe injury, which of course abound in Gaza alongside the daily death toll. From my own previous visits to Gaza where I was exposed to such visible torments, I know the power exerted by direct contact with such victims. I shall never forget the imprint left after many years of seeing a distraught father carrying his bleeding and badly wounded young son in his arms while shouting angrily in Arabic. I didn’t understand the words, but the sentiments he was expressing were transparent, and needed no translation. This conscious or unconscious decision to exclude such material from the film may have lessened its immediate impact, but it deepened the longer term understanding of the underlying humanitarian ordeal being endured by the Palestinian people.

The closest the film comes to making political allusions is put in the mouth of an engaging puppet who voices a damning indictment in one of the latter episodes, “everything is gone and the world just watches.’  There are also brief isolated references to the Nakba and the coerced expulsions from their homeland that at least 700,000 Palestinians experienced in 1948, and have ever since lived as refugees being unlawfully denied by Israel any right to return. These references express the deep roots of Palestinian suffering, but without pointing an accusing finger, and will likely be noticed at all except by those non-Palestinian viewers that have followed Palestinian misery through the decades. While for Palestinians those allusions to the past likely serve as grim reminders of familiar realities.

On balance I applaud the rendering of the Palestinian experience in this authenticating and original manner. It is itself a triumph of the Palestinian imagination over the daily torments that have become a reality of their lives 24/7.

It is not only the unbearable losses of family and home, but the menacing nightly sound of nearby explosions and the constant noise of drones overhead. The episodes are uniform in exposing the total vulnerability of the Palestinians and the disregard of the limits set by international law and morality made far worse by deliberately imposing a desperate struggle for subsistence arising from the obstructing the delivery of humanitarian aid causing death and disease throughout the wretched tent cities in which Gazans have been forced to live since the destruction of their homes. The daily life of searching for food and drinkable water are only available, if at all, at sub-

subsistence levels.

Of course, I hope that From Ground Zero receives an Oscar at the Academy Awards night coming soon.

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On Mitigating Ageing: An Advertisement for Myself

6 Jan

[Prefatory Note: With some embarrassment, and a bit of pride, I publish Margaret Crane’s interview in two sessions. I was intrigued by her newsletter on ageing, and thought that being asked about what it means to be this old I would learn something about my current state of mind and of being-in-the-world. My embarrassment stems from my realization that this is something in the order of what prompted Norman Mailer to title his 1959 book, Advertisements for Myself. I suppose this is a way of hiding self-consciousness by being ‘up front’ about it.]

What’s Age Got to Do with It?

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He Calls Himself a Citizen Pilgrim. I Call Him a Moral and Intellectual Hero.

Nonagenarian Richard Falk’s Long, Fruitful Post-Retirement

Margaret W. Crane

Jan 04, 2025

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At 94, Richard Falk is busier than at any other point in his life.

If you’re already familiar with Falk’s singular achievements, you’ll recognize the towering figure you know and admire—or profoundly disagree with. No matter which way you lean on Falk and the causes he has championed over the years, the following overview of his life, based on two interviews I conducted with him this past December, may offer new insights, along with a sense of what’s possible in very old age.

What’s Age Got to Do with It? is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

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Having taught international law and international relations at Princeton for four decades, Falk became an activist during the Vietnam War period, and he hasn’t stopped fighting for human rights, social justice, and the health of the planet since then.

Our paths crossed briefly during the early 1990s. I was an environmental activist myself, driven by outrage at the harm our species was inflicting on the systems that sustain life on Earth. Looking back at my younger self, I realize that I was long on passion and short on knowledge. At the behest of a fellow activist, I read a few articles by Falk, Murray Bookchin, and other prominent ecology-minded thinkers. They helped me understand what was at stake and embrace a more holistic view of the world: the ways in which war, poverty, the ecological crisis, capitalism, and geopolitics were interconnected.

I was stunned by Falk’s moral and intellectual force and humbled by his principled analysis of world affairs. And I still am.

As a prominent academic at an elite institution who dared to voice a radical critique of the West, and the U.S. in particular, he was as courageous as they come. His critique started with the Vietnam War and culminated in his opposition to Zionism and support for Palestinian rights. “I received plenty of pushback from Princeton alumni,” he told me. They, along with many in the human rights establishment, charged him—a secular Jew from New York City—with antisemitism. Their denunciation only grew sharper after he retired from Princeton in 2001, especially once he became the UN’s Special Rapporteur on Human Rights in Occupied Palestine, a position he held from 2008 to 2014.

He also made me aware of reports issued this December by two major human rights organizations—Human Rights Watch and Amnesty International. Both have called Israel’s military campaign in Gaza genocide. That view is no longer the exclusive province of American college students across the nation’s campuses. Now, it’s being promulgated by the very establishment that viewed Falk as an outlier and possibly an extremist a short time ago. After all, Human Rights Watch, Amnesty International, and the international courts were originally conceived to denounce the human rights practices of the enemies of the West—not the West itself—so it’s significant that Israel’s actions have prompted them to such strong criticism of Israeli policy and, by implication, Western arms shipments.

Back to the Future

From Gandhi to Thoreau, and from Martin Luther King, Jr. to John Lewis and Wangari Maathai (the late Kenyan environmental activist and recipient of the 2004 Nobel Peace Prize), men and women of principle are often vilified by those whose interests are tied up with the established order. As I see it, one thing these men and women have in common is a kind of prescience—an ability to see the world as it could and should be, before the basis for such a world has become visible to sufficient numbers of people to effect change in the present.

Falk is one of those utopian thinkers.

In 1971, he authored his first book: This Endangered Planet: Prospects and Proposals for Human Survival, which was selected by the magazine Foreign Affairs as one of the six most influential books published in the 20th century on global issues. The environmental crisis was barely on anyone’s radar, if memory serves, much less climate change. Pure prescience.

Falk has also formulated a critique of the nation-state, one that isn’t “realistic” but, once again, peers into a future that isn’t discernible to the pragmatically minded, which is most of us.

In a 2018 interview with Patrick Lawrence published in The Nation, he contrasted the relative weakness of the UN with the kind of globalism he believes is urgently needed.

If the human species is to thrive in the future, he told Lawrence, “you need mechanisms for protecting the global interest and the human interest, as distinct from the national interest”—especially in light of climate change, nuclear weapons, and other global threats.

He continues, “We’ve relied on the notion that leading states are surrogates for the promotion of the global public good, but that clearly doesn’t work when either geopolitical security interests are at stake, as they are with nuclear weapons, or large economic interests are at stake, as is the case with climate change.” I’d like to add AI as yet another threat that needs to be defanged and opposed outright, difficult and challenging as that may be. In adding this dreaded technology to Falk’s list of global threats, I hereby join the ranks of utopian thinkers as a citizen who still believes that a better world is possible.

Top Achievements

My purpose here is not to replicate Falk’s CV, and anyway, that would be impossible and, in a way, purposeless. If you’re interested in learning more about his long history of achievement, take a look at the video taken when he received the Lifetime Achievement Award from the Nuclear Age Peace Foundation in 2023.

Here are just a few. He has written 75 books. He has garnered umpteen honorary degrees, along with a doctorate from Harvard and a law degree from Yale. And he has been nominated for the Nobel Peace Prize several times.

During our first interview, he mentioned these in passing, and only when I pressed him for examples. He was much prouder of the pilgrimages he made to North Vietnam in 1968 and to Iran (with former US attorney general Ramsey Clark) shortly after the ouster of the shah. The point was to start a process of dialogue and unofficial diplomacy, and to show that alternatives to war, and war-mongering, were possible.

As we delved into his past, he surprised me by saying that his proudest moment ever was the opportunity to try out for the New York Giants at age 17. (He would have preferred the Dodgers, his favorite baseball team.) Falk was quite the athlete, obviously. He continued to engage in sports, including tennis and squash, even through his 80s.

The Poem

On his 94th birthday, Falk posted a poem on his blog, Global Justice in the 21st Century. I’ve been one of his subscribers for several years, but (she said shamefaced) I don’t always read it. However, I couldn’t resist reading his birthday poem.

Here are a few lines from the first stanza:

For these last years I felt

It was strange to be still alive

When so many around me were dead.

Stranger to receive and give love

While the planet burns

And untamed demons prowl.

Here are a few from stanza II:

Yet despite the carnage

Roses bloom guarded by thorns

Gardenias retain their addictive aroma…

The joys of loving and being loved never age. (Italics mine.)

And here’s stanza IV in its entirety:

When slaves break their chains

And patriots of the earth become

Warriors gardeners poets engaging

In a fight worth winning for the sake

Of those we love and learn from

So long as the trusted soul breathes its light

While the body is busy with the work of dying

Life remains a precious gift of god.

In tears and fully aware that he might not remember me, I decided to write to him and request an interview. And, mirabile dictu, he said yes.

Old Age

When we spoke, he described the tension he experiences between “personal contentment and public gloom.” While not exactly content, I’ve decided to borrow that formulation as I, along with many people I know, grapple with how to live our lives while finding the best ways to deal with the demons who now dominate our institutions, as well as some of those who voted for them (the ones who are prone to violence).

He mentioned another source of tension, implied in his poem: the relatively rapid ageing of the body vs. the much slower ageing of the spirit. That may be why so many older adults say they feel young. Our spirits are indeed much younger than our hearing loss and arthritic joints may indicate.

Falk is also a winner of the genetic lottery, what with his robust health, athletic prowess, and stunning intelligence. While most of us may never be able to match these qualities or receive these gifts of god, we can find hope and inspiration in his story.

The Inglorious Present

Falk said he could never have imagined that Netanyahu’s speech before the US Congress would receive 59 standing ovations. Nor could he have imagined the second coming of Trump. Trump and Musk represent “exploitative capitalism, leading to a personalist politics of dictatorship,” he said. With the help of social media, “they have also stoked a politics of resentment” among a large swath of an alienated electorate.

It disturbs him to ponder our country’s low tolerance for self-scrutiny and claims of American innocence and exceptionalism.

Not that Biden gets a free pass. Falk finds the outgoing president’s remarks about America’s supposed greatness banal and unfounded.

His Life Goes on in Endless Song

Not literally, of course, but gloriously.

Mainly, Falk enjoys working. Work—perhaps better framed as purposeful activity—has helped him live better and longer, he believes.

His younger friends and former students have kept him involved in the kinds of projects he has always favored. He’s president of The Gaza Tribunal—“a people’s tribunal to document what has been happening for more than 15 months and galvanize global efforts to stop the genocide.”

He’s also one of three conveners of Saving Humanity and Planet Earth. (Did I mention that he’s a big-picture, utopian thinker?)

And he co-edited a book, just published, titled Genocide in Gaza: Voices of Global Conscience, which includes essays by a distinguished group of contributors.

How is it possible for a 94-year-old to take on so many projects? How can he claim to be busier than at any other time in his life? And how has he managed to avoid the physical and mental setbacks that plague so many people 10, 20, and sometimes even 30 years younger than he is? There’s something mysterious at work here, and one day, biologists will be able to unveil at least some of its underlying aspects.

In the meantime, I’m delighted to have connected with him, back in the early 1990s and this past December. Thanks to his example, I’ll never downplay this phase of my life again.

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A Remembrance of Jimmy Carter

3 Jan

[Prefatory Note: A recollection of my only meeting with the former president at the Carter Center, a minor event, although in the context of repeated mistakes by the ‘political realists’ who continue to shape American foreign policy, perhaps of some interest. The pessimistic note is that the economic hardships imposed on the Iranian people since the fall of the Shah may have been inevitable so long as imperial geopolitics and predatory capitalism dominate the Washington mindscape, and currently to threaten dangerous regional warfare in the Middle East.]

In 1981 or 1982 I was invited to a small human rights meeting at the Carter Centerin Atlanta. It was in the aftermath of the Iran hostage crisis that is blamed for Carter’s loss, Reagan’s win in 1980. The Carters somehow knew that I had previously supported their daughter, Amy, who was an activist against the Vietnam War. It is solong ago I cannot remember the exact context, whether it was a matter of political support or somehow connected with a legal proceeding associated with civil disobedience. Whatever the past, Rosalynn Carter apparently to show their appreciation seated me next to President Carter at a formal conference dinner despite their being more distinguished guests present.

I sheepishly did what I was told and took the opportunity to talk with the ex-president about the situation in Iran. I had been in Iran accompanying Ramsey Clark, the former American Attorney General who had become a leading progressive voice after leaving government and someone sympathetic with the Iran movement against the Shah. While in Iran in early 1979 in a period dramatized by the Shah’s departure from the country, we were frequently asked about Carter’s New Year’s toast to the Shah in 1977: “An island of stability” surrounded by “the admiration and love which your people give to you.” Ensuing events proved how wrong were these sentiments, but that is a longer different story of mass disenchantment that has been frequently told.

During our visit to Iran, we had met with numerous prominent Iranian officials, Islamic leaders, and ordinary citizens. We also met with the American ambassador in Tehran, William Sullivan, who was a hawkish diplomat during the Vietnam Era. Reacting to the anti-Shah movement, Sullivan was clear about the fact that the Shah’s 1979 abdication a few days before our meeting with Sullivan who felt that the Shah’s departure was  an inevitable development given the play of forces in Iran by that time, including the army’s abandonment of the Shah’s government by then. Sullivan hoped that the US Government would accept the outcome, and normalize relations with the new leadership, but reported being blocked by hardline National Security Advisor, Zbigniew Brzezinski, who was following the pro-Shah diehard diplomacy rather than accommodating approach recommended by the Secretary of State, Cyrus Vance, a conservative realist, a somewhat aristocratic acquaintance of mine, yet seemingly free from the compulsions of the geopolitically oriented deep state that guided US foreign policy from its undercover sites during the Cold War, and beyond. We should be aware that the Shah was perceived as a major strategic asset in the Middle East, what Henry Kissinger described “as the rarest of things, and unconditional ally.’

During the hostage crisis that started on November 4, 1979 I had been asked to accompany Andrew Young to negotiate the release of the hostages after Ayatollah Khomeini had let it be known that he would welcome an Afro-American negotiator to arrange a diplomatic solutions. The trip was vetoed by Brzezinski. I recall the somewhat bitter, but likely discerning, comment by the head of the State Department’s Iran Desk at the time: “Brzezinski would rather see all the hostage dead than have Andrew Young get credit for their release.” This senior civil servant favored the Young mission, and Young was willing to go, but only if he received a green light from the White House, which never came, we never went, and the rest is history still in the making.

After some pleasantries at the dinner about the Carter Center and the conference, I gathered my courage and asked Carter why he followed Brzezinski policy advice rather than Vance’s counsel, and he gave a short, yet talked further but it was evident that Carter had no deeper reasons to cling to a lost cause, unsatisfactory answer: “Because he was loyal to me.” Nothing more, nothing less. I reflected at the time that Carter would probably have been hosting a state dinner at the White House and being hailed as a peace minded statesman rather than having this tense chat about the low point of his presidency with a brash stranger at his Center.  

The Road Not Taken

We do not know what would have ensued in Iran or the Middle East had the Vance view prevailed, and the US fully respected the exercise of the right of self-determination by the Iranian people. The political sequel to the overthrow of the Pahlavi monarchy was not clearly prescribed in advance. It might have led to a more democratic version of the Islamic Republic had it not been immediately threatened by internal enemies linked to foreign states in the region. With bad memories of the 1953 anti-Mossadegh coup, facilitated by the CIA, it is hardly surprising that Iran theocratic hard liners took command of the government, especially given the internal and regional challenges mounted against Iranian developments of 1978-79.’ What might have been’ could serve, even belatedly, as a signpost to ‘what should have been’ and more hopefully,  ‘to what will be in the future.’ More soberly, imperial geopolitics and neoliberal capitalism have displayed a willingness to potentially radical enactments of the right of self-determination, and as Kurt Vonnugut vainly tried to teach us, “and so it goes.”